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Patna High Court

Dharmendra Singh @ Dhamendra SinghversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                        3/3




                                   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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