Patna High Court
Dharamveer KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to conditions under Section 480(3) of the Bharatiya Nyaya Sanhita.
Summary
The petitioner, Dharamveer Kumar, was arrested as a passenger in an auto during a police raid that uncovered 240 litres of illicit foreign liquor, leading to charges under Sections 303(2), 317(2), 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition & Excise Act, 2016. The petitioner contended that he had no involvement in the transportation or trade of the liquor and was merely a passenger, seeking bail after being in custody since 18‑12‑2025. The State opposed the bail application. The court, after considering the nature of the allegations, the circumstances of the seizure, and the length of custody, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 480(3) of the BNSS, including attendance in court and a relative as one bailor. The order also stipulated cancellation of bail upon three consecutive absences or violation of conditions. Consequently, the petitioner was released on bail.
Issues considered
- What is the appropriate bail disposition for a person arrested as a passenger in a vehicle seized for illicit liquor under the BNSS and Bihar Prohibition & Excise Act?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 317(2), 317(5), 480(3)
Subjects
- bail
- excise
- illicit liquor
- criminal procedure
- BNSS
- section 480(3)
- passenger liability
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10788 of 2026
Arising Out of PS. Case No.-539 Year-2025 Thana- PATNA CITY CHOWK District- Patna
======================================================
Dharamveer Kumar Son of Radhe Prasad Resident of Village- Gangti, P.S.-
Bena, District- Nalanda, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Radhe Shyam, Advocate
For the Opposite Party/s : Mr. Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Chowk P.S. Case No. 539 of 2025 registered
for the alleged offences under Sections 303(2), 317(2) and
317(5) of Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of
the Bihar Prohibition & Excise Act, 2016.
03. As per prosecution case, during checking of
vehicles and raid against trade of illicit liquor, an Auto was
stopped and its driver was apprehended. The petitioner was also
arrested who was sitting in the Auto. On search of the Auto,
recovery of 240 liters of India made foreign liquor was made.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.10788 of 2026(2) dt.17-02-2026
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case. The petitioner was merely a passenger in the Auto and he
has no concern either with the Auto or the liquor seized. There is
no material on record to show that the petitioner was engaged in
transportation or trade of alleged contraband. The petitioner is
having antecedent of one case and he is on bail in that case. The
petitioner is in custody since 18.12.2025.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of allegation against the petitioner and further
considering the nature of recovery and the place from where
recovery has been made and also considering the period of
custody of the petitioner, the petitioner above named is directed
to be released on bail on furnishing bail bonds of Rs. 10,000/-
(ten thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Court of Excise, Patna
City, Patna/court concerned in connection with Chowk P.S. Case
No. 539 of 2025, subject to the conditions mentioned in Section
480(3) of BNSS and the following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
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(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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