Patna High Court
Dharmendra Singh @ Dhamendra SinghversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Dharmendra Singh was arrested on 23 January 2026 in connection with an excise case involving the seizure of 10 litres of country‑made liquor from a motorcycle. He was charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2018. The petitioner claimed he had a clean antecedent, was falsely implicated, and that the seized liquor was not in his conscious possession as he did not own the vehicle. He also contended that the prosecution had failed to comply with Sections 103 and 105 of the BNSS. The court, after hearing both sides, found merit in the petitioner's arguments, noted the procedural lapses and his clean record, and ordered his release on bail with a bond of Rs 10,000 and two sureties, subject to conditions regarding attendance, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the accused despite the charges under the Bihar Prohibition and Excise Act, 2018.
- Whether the alleged non‑compliance with Sections 103 and 105 of the BNSS warrants bail.
- Whether the lack of ownership of the vehicle from which liquor was seized affects the bail decision.
Legislation cited
- BNSS — s. 103, 105
Subjects
- bail
- excise
- prohibition
- false implication
- procedural lapse
- criminal antecedent
- liquor seizure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22231 of 2026
Arising Out of PS. Case No.-18 Year-2026 Thana- Excise P.S. District- Saran
======================================================
Dharmendra Singh @ Dhamendra Singh S/O Late Baban Singh R/O Village-
Nayaka Bada Baiju tola ward no.11, P.S.- Revilganj,Dist- Saran at Chapra
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate
For the Opposite Party/s : Mr. Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-04-2026 Heard Mr. Vijay Kumar, learned counsel for the
petitioner and Mr. Pawan Kumar Chaurasia, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
23.01.2026 in connection with Sadar Excise P.S. Case No. 18 of
2026, F.I.R. dated 22.01.2026 for the offences punishable under
Section 30(a), 32(3) of the Bihar Prohibition and Excise Act,
2018.
3. Recovery is of 10 liters of country made liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
recovered from the conscious possession of the petitioner rather
Patna High Court CR. MISC. No.22231 of 2026(2) dt.06-04-2026
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the recovery has been made from motorcycle in question and the
petitioner is not the owner of the vehicle in question. He further
submits that there is non-compliance of Section 103 and 105 of
BNSS and the petitioner is in custody since 23.01.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and there is non-compliance of
Section 103 and 105 let the petitioner, above named, be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Special Judge Excise-3, Saran, Chapra in connection
with Sadar Excise P.S. Case No. 18 of 2026, subject to the
following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
Patna High Court CR. MISC. No.22231 of 2026(2) dt.06-04-2026
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iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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