Patna High Court
Dilip UraonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted as the recovery of illicit liquor was not prima facie linked to the petitioner's conscious possession and procedural lapses were noted.
Summary
Dilip Uraon was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged illegal manufacturing and trading of illicit liquor, with 35 litres of liquor recovered from a house. The petitioner contended that the recovered liquor was not in his conscious possession, that the house was unrelated to him, and that the search violated Section 100(4) of the Criminal Procedure Code. The State opposed his bail application. The court observed that the recovery did not prima facie establish the petitioner's possession and noted his clean antecedent, as well as the procedural lapse in the search. Accordingly, the court ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 482(2) of the BNSS. The bail order was directed to be complied with by the Exclusive Special Excise Court where the case is pending.
Issues considered
- Whether the petitioner is entitled to bail despite the recovery of illicit liquor alleged to be linked to him
- Whether the search and seizure complied with Section 100(4) of the Cr.P.C.
- Whether the petitioner’s clean antecedent and lack of conscious possession justify bail
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 100(4)
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- search and seizure
- Section 30(a)
- Section 100(4)
- Section 482(2)
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9760 of 2026
Arising Out of PS. Case No.-158 Year-2025 Thana- HASANGANJ District- Katihar
======================================================
Dilip Uraon S/o Late Lakhan Uraon R/o Dharra, PS- Hasanganj, Distt-
Katihar. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Ms.Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 17-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned Additional Public Prosecutor appearing on
behalf of the State.
2. The accused/petitioner apprehending his arrest in
connection with Hasanganj P.S. Case No. 158 of 2025 registered
for the offences punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. The allegation against the petitioner is to be engaged
in illegal trading/manufacturing of illicit liquor, where, there is
recovery of 35 litres of IMFL/Mahua liquor from the house.
4. Learned counsel appearing on behalf of the petitioner
submitted that the alleged recovery appears to be made from the
house which is not connected in any manner with this petitioner. It
is further submitted that the compliance of Section 100(4) of
Cr.P.C. not appears to be followed in present case regarding
Patna High Court CR. MISC. No.9760 of 2026(2) dt.17-02-2026
2/2
search of premises. It is submitted that petitioner is a man of clean
antecedent.
5. Learned APP opposed the prayer of bail.
6. Considering the aforesaid facts and circumstances as
recovery of illicit liquor prima facie not appears to be made from
the conscious physical possession of this petitioner, who is a man
of clean antecedent, accordingly, above named petitioner, in the
event of his arrest or surrender before the learned trial Court,
within a period of four weeks of the order, is directed to be
released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned court of Exclusive Special Excise Court
No. II, Katihar/concerned Court, where the case is pending in
connection with Hasanganj P.S. Case No. 158 of 2025, subject to
the conditions as laid down under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
U T
Checking your session…