Patna High Court
Dharmendra Rai @ Dharmendra Kumar RayversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner with conditions, despite the alleged seizure irregularities and prior offences.
Summary
The petitioner, Dharmendra Rai, applied for bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 90 litres of country-made liquor seized from a semi‑manufactured temple. The petitioner claimed innocence, arguing that the seizure was made from an open place and not from his possession, and that the police failed to comply with Section 105 of the BNSS during the seizure. The State opposed bail, citing two prior similar offences. After hearing both sides, the Court considered the facts, the petitioner’s custody since 8 February 2026, and his criminal antecedents, and decided to grant bail on condition that he not commit similar offences. The bail was ordered on a bond of Rs 10,000 with two sureties of the same amount, to be satisfied before the Special Judge Excise‑I, Saran.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the alleged non‑compliance with Section 105 of the BNSS affects the bail decision.
- Whether the petitioner’s prior criminal antecedents preclude bail.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- seizure
- Section 105
- BNSS
- criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17102 of 2026
Arising Out of PS. Case No.-25 Year-2026 Thana- AKILPUR District- Saran
======================================================
Dharmendra Rai @ Dharmendra Kumar Ray S/o Vakil Ray @ Wakil Rai R/o
vill- Harsam Chak/ Bada Harsam Chak, P.S- Akilpur, Distt.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate
For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 17-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Akilpur P.S. Case No. 25 of 2026 registered for the offence
punishable under Sections 30(a) of the Bihar Prohibition and
Excise Act.
3. The case of the prosecution, in short, is that from a
semi manufactured temple, altogether 90 liters of country made
liquor was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that from perusal of the seizure list, it is
clear that the recovery was not made from the possession of this
Patna High Court CR. MISC. No.17102 of 2026(2) dt.17-03-2026
2/2
petitioner rather the recovery was made from an open place.
Nothing has been recovered from the possession of this
petitioner. He also submits that the witnesses of the seizure list
are police personnel and the police has not complied with
Section 105 of the BNSS while making the seizure. Moreover,
the petitioner is languishing in judicial custody since
08.02.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of two cases of similar nature.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail with the condition
that the petitioner shall not indulge in similar nature of
offences in future. The above named petitioner is directed to
be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs.
ten thousand only) with two sureties of the like amount each to
the satisfaction of the learned Special Judge Excise-I, Saran at
Chapra in connection with Akilpur P.S. Case No. 25 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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