Patna High Court
Dharamdeo BindversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail, holding that the arrest was on mere suspicion, no incriminating material was found, and the petitioners had no prior record.
Summary
The petitioners, Dharamdeo Bind, Sunil Kumar, and Sri Yadav, were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 75 litres of liquor were recovered from plastic sacks on a public road. They claimed innocence, arguing that no incriminating material was found on them, their arrest was based solely on suspicion, and the liquor was recovered from an open, publicly accessible place. The petitioners also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and noted their clean criminal record despite being in custody since 30‑01‑2026. The State opposed bail, but the Court, considering these circumstances, decided to grant bail. The petitioners were ordered to furnish bail bonds of Rs. 15,000 each with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- suspicion
- non‑compliance
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16240 of 2026
Arising Out of PS. Case No.-50 Year-2026 Thana- Excise P.S. District- Rohtas
======================================================
1. Dharamdeo Bind S/O Jhaurari Bind Resident of Village- Basantpur, P.S.
Darigaon, District- Rohtas
2. Sunil Kumar S/O Dharamdeo Bind Resident of Village- Basantpur, P.S.
Darigaon, District- Rohtas
3. Sri Yadav S/O late Rup Dom @ Late Dom Lal @ Late Doma Yadav
Resident of Village- Shivpur, P.S. Darigaon, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Kant, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in connection with
Sasaram Excise P.S. Case No. 50 of 2026, instituted for the
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that 75 liters
liquor was recovered from three plastic sacks on road.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.16240 of 2026(2) dt.13-03-2026
2/2
the conscious possession of the petitioners. The petitioners have
got no concern with the alleged recovery of liquor. Learned
counsel for the petitioners also submits that the petitioners have
been arrested only on the basis of suspicion. It is next submitted
that the alleged recovery has been made from an open place and
the same is easily accessible to the public at large. The
petitioners are in custody since 30.01.2026 and have got no
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Sasaram Excise P.S.
Case No. 50 of 2026.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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