Patna High Court

Dharmendra Kumar @ DhanoversusThe State of Bihar

Decided: 13 March 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner, subject to a bail bond and sureties, under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Dharmendra Kumar, sought anticipatory bail fearing arrest in a case (Giriyak P.S. Case No. 384 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act, where 1794.375 litres of liquor were recovered from a co‑accused’s store room. The petitioner argued that no liquor was found at his residence, he had no involvement, and that prima facie no case existed against him, also noting the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail, contending the petitioner’s alleged involvement. The Court examined the facts, the absence of incriminating material at the petitioner’s premises, and the procedural lapse, and consequently ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.15,000 with two sureties of equal amount, subject to conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023. The order was made conditional on the petitioner surrendering before the lower court within six weeks.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the pending case under the Bihar Prohibition and Excise Act.
Whether a prima facie case exists against the petitioner given the absence of seized liquor from his premises.
Whether the procedural requirement of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, has been complied with.
Whether Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023, permits the grant of anticipatory bail in these circumstances.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
Section 30(a)
Section 103
Section 482(2)
liquor seizure
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16784 of 2026
                       Arising Out of PS. Case No.-384 Year-2025 Thana- GRIYAK District- Nalanda
                 ======================================================
                 Dharmendra Kumar @ Dhano S/O Sitaram Mahto R/O Village- Chorsua, P.S-
                 Pawapuri, District- Nalanda.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pramod Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar., APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner apprehends his arrest in connection

                   with Giriyak P.S. Case No. 384 of 2025 instituted for the

                   offences punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                               3. The prosecution case, in short, is that total 1794.375

                   litres of liquor has been recovered from store room of the co-

                   accused.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the house of the

                   petitioner, rather the recovery has been made from the store
           Patna High Court CR. MISC. No.16784 of 2026(2) dt.13-03-2026
                                                       2/2




                     room of the co-accused. The petitioner has got no concern with

                     the alleged recovery of liquor. Learned counsel, therefore,

                     submitted that prima-facie, no case is made out against the

                     petitioner. The petitioner has two criminal antecedents. There is

                     no compliance of Section 103 of the Bharatiya Nagarika

                     Suraksha Sanhita, 2023.

                                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, let the petitioner, above named, in the event of

                     arrest/surrender before the Court below within a period of six

                     weeks from today, be released on anticipatory bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Giriyak P.S. Case

                     No. 384 of 2025, subject to the conditions as laid down under

                     Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,

                     2023.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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