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Patna High Court

Dharmpal YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




                       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
             Patna High Court CR. MISC. No.15783 of 2026(2) dt.11-03-2026
                                                         3/3




                       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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