Dhirendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27971 of 2026 Arising out of PS. Case No.-61 Year-2026 Thana- PHULPARAS District- Madhubani ====================================================== 1.

Dhirendra Kumar S/o Ram Deo Sah R/o Village- Dagmara, P.S- Kunauli, Distt.- Supaul.

2.

Deepak Kumar S/o Heera Lal Sah R/o Village- Phulparas, P.S- Phulparas, Dist.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratnakar Jha, Advocate For the Opposite Party/s :

Mr. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANSUL ORAL ORDER 13-05-2026 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners seek bail in Phulparas P.S. Case No. 61 of 2026 registered under section 30(a) of the Bihar Prohibition and Excise Amended Act, 2022.

3. The allegation is that the petitioners were riding on Maruti Suzuki vehicle from which 576 litres Saufi Nepali wine was recovered.

4. Learned counsel for the petitioners submits that no incriminating article was recovered from the conscious possession of the petitioners. It is further submitted that the petitioners are in custody since 21.02.2026.

5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioners.

6. Considering that recovery has not been made from

Patna High Court CR. MISC. No.27971 of 2026(3) dt.13-05-2026 2/2 the conscious possession of the petitioners and the petitioners are in custody since 21.02.2026, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners, above named, 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 learned Exclusive Special Judge, Excise, Jhanjharpur, Madhubani in connection with Phulparas P.S. Case No. 61 of 2026, subject to the conditions as laid down under Section 483(2) of the Bhartiya Nagarik Suraksha Sanhita.

8. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.

(Ansul, J) Vikash/- U T