Patna High Court
Dilip Chouhan @ Dilip PrasadversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that, given the lack of incriminating material, the petitioner’s clean record and the circumstances of the alleged recovery, bail should be granted.
Summary
The petitioner, Dilip Chouhan, was arrested on 2 December 2025 after 80 litres of liquor were recovered from a jute sack near a pond, and was charged under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for bail, claiming innocence, lack of any incriminating material in his possession, and that the liquor was recovered from an open public place. The petitioner also highlighted his clean criminal record and the alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application. Considering the facts, the court found no risk of flight or tampering and granted bail on condition of a cash bond and two sureties.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 have been complied with in the bail application.
Legislation cited
Subjects
- bail
- excise
- prohibition
- Section 30(a)
- Bihar
- criminal procedure
- Section 103
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91792 of 2025
Arising Out of PS. Case No.-3747 Year-2025 Thana- Excise P.S. District- Patna
======================================================
Dilip Chouhan @ Dilip Prasad S/O Late Ram Babu Chouhan Resident Of Gur
Ki Mandi, Beldar Toli, ward No 54, P.s.- Alamganj, Dist.- Patna
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash Dwivedi, Advocate
For the Opposite Party/s : Mr. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Excise
Patna P.S. Case No. 3747 of 2025, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 80 liters
liquor was recovered from jute sack near a pond and the
petitioner was arrested on spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.91792 of 2025(2) dt.19-01-2026
2/2
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submits that the alleged recovery has been
made from an open place and the same is easily accessible to the
public at large. The petitioner is in custody since 02.12.2025 and
has got no criminal antecedent. There is no compliance of
Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Excise Patna P.S.
Case No. 3747 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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