Patna High Court
Dharmpal YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Dharmpal Yadav, was arrested in connection with a case involving the alleged recovery of 147.78 litres of liquor and five cartridges, and was charged under several provisions of the Bharatiya Nyaya Sanhita, 2023, the Arms Act and the Bihar Prohibition and Excise Act. The petitioner contended that he had no knowledge of the seized items, that no incriminating material was found in his possession, and that his name was mentioned only by a local watchman; he also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and his clean criminal record. The State opposed bail, while the petitioner’s counsel pointed out that a co‑accused had already been granted anticipatory bail. Considering the circumstances, the court found no compelling reason to keep the petitioner in custody and ordered his release on bail. The bail was set at Rs 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner under the charges of Sections 191(2), 191(3), 109, 132, 324(4) of the Bharatiya Nyaya Sanhita, 2023, Sections 27, 26, 35 of the Arms Act, and Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Arms Act — s. 26, 27, 35
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 132, 191(2), 191(3), 324(4)
Subjects
- bail
- criminal procedure
- arms act
- liquor prohibition
- Bharatiya Nyaya Sanhita
- anticipatory bail
- Section 103
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15783 of 2026
Arising Out of PS. Case No.-181 Year-2025 Thana- BRAHMPUR District- Buxar
======================================================
Dharmpal Yadav Son of Uma Shankar Yadav R/o Village - Balua, P.S. -
Brahampur, Dist. - Buxar, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Mishra, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 11-03-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Brahampur P.S. Case No. 181 of 2025, instituted for the
offences punishable under Sections 191(2), 191(3), 109, 132,
324(4) of the Bharatiya Nyaya Sanhita, 2023, read with Sections
27, 26, 35 of the Arms Act and Section 30(a) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 147.780
litres of liquor was recovered from roadside. It is further alleged
that there is recovery of five cartridges from the place of
occurrence.
Patna High Court CR. MISC. No.15783 of 2026(2) dt.11-03-2026
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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. Learned counsel for
the petitioner also submitted that the petitioner has got no
knowledge and concern with the alleged recovery of arms and
liquor. Name of the petitioner has transpired in this case on the
basis of disclosure made by local chaukidar. The petitioner is in
custody since 09.02.2026 and has got no criminal antecedent.
There is no compliance of Section 103 of the Bharatiya Nagarik
Suraksha Sanhita, 2023. Learned counsel for the petitioner
further submits that other co-accused has been granted
anticipatory bail by this Court vide order dated 30.01.2026
passed in Cr. Misc. No. 3126 of 2026.
5. Learned APP 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 taking into account 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/- (Rupees Fifteen Thousand) with two
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sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Brahampur P.S.
Case No. 181 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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