Dilip Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Dilip Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted: petitioner to be released on bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court in connection with Doriganj PS Case No. 264 of 2024.

Issue for consideration

Whether the petitioner, in custody since 19.10.2024 in Doriganj PS Case No. 264 of 2024 (offences under Section 30(a) of the Bihar Prohibition and Excise Act) following alleged recovery of 60 litres of country made liquor from behind his semi-constructed house, should be released on bail.

Court's answer

Taking into account the facts and circumstances of the case, the clean antecedent of the petitioner and the period of custody already undergone, this Court deemed itself inclined to grant bail.

Ratio / Principle

The petitioner was ordered to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court in connection with Doriganj PS Case No. 264 of 2024.

Detailed headnote1 paragraphs

Bail — Bihar Prohibition and Excise Act, S. 30(a) — High Court of Judicature at Patna, CRIMINAL MISCELLANEOUS No.2460 of 2025 (Rudra Prakash Mishra, J.), order dated 13-02-2025: Dilip Kumar, prosecuted in Doriganj PS Case No. 264 of 2024, District Saran, after total 60 litres of country made liquor was allegedly recovered from behind his semi-constructed house, was granted bail. The Court rested its decision on the circumstances of the case, the petitioner's clean antecedent and his period of custody since 19.10.2024. Defence counsel had pleaded false implication, absence of recovery from conscious possession, an open and publicly accessible place of recovery, and non-compliance of Section 103 of B.N.S.S.; the learned APP opposed the prayer. Release ordered on bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the Court below.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2460 of 2025

Arising Out of PS. Case No.-264 Year-2024 Thana- DORIGANJ District- Saran

======================================================

Dilip Kumar Son of Late Naresh Chaudhari Resident of Village - Bhairopur Nijamat, P.S. - Doriganj, District - Saran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Alok Kumar Alok, Advocate For the Opposite Party/s : Mr. Narsingh Tanti, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 13-02-2025

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner seeks bail in connection with Doriganj PS Case No. 264 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

The prosecution case, in short, is that total 60 litres of country made liquor was recovered from behind the semiconstructed house of the petitioner.

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 no concern with the alleged recovery of liquor. It is submitted that recovery is made from an open place, which is accessible to

Patna High Court CR. MISC. No.2460 of 2025(2) dt.13-02-2025 2/2

one and all. The petitioner is in custody since 19.10.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Doriganj PS Case No. 264 of 2024.

(Rudra Prakash Mishra, J)

Raj Ranjan/- U T