Patna High CourtCR. MISC./1323/2026bail granted

Dhiraj Kumar @ Billa v. The State Of Bihar

2026-01-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1323 of 2026 Arising Out of PS. Case No.-597 Year-2025 Thana- BYPASS District- Patna ====================================================== Dhiraj Kumar @ Billa S/O Mahesh Bind @ Mahesh Prasad Resident of Bahari Begampur, Beldari Tola, Patna City, Ward no. 5/8, P.S.- By Pass, District- Patna ... ... Petitioner/s

Versus

The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uma Kant Mishra, Adv.

For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with By Pass PS Case No. 597 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 112 liters of country made liquor was recovered from the jute bag hidden in water filled pit.

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 name of the petitioner transpired in this case on the disclosure made by the

Patna High Court CR. MISC. No.1323 of 2026(2) dt.19-01-2026 2/2 local persons. Learned counsel for the petitioner submits that the recovery has been made from an open place which is accessibe to one and all. The petitioner is in custody since 14.12.2025 and has got four criminal antecedents. There is no compliance of Section 103 of the BNSS, 2023.

5. Learned A.P.P. 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/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with By Pass PS Case No. 597 of 2025. (Rudra Prakash Mishra, J) Siddharth Soni/- U T