Patna High Court

DHARMENDRA BINDversusTHE STATE OF BIHAR

Decided: 19 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

Bail is granted to the petitioner with specified conditions.

Summary

The petitioner, Dharmendra Bind, sought bail in a case (Chand P.S. Case No. 47 of 2026) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, where police recovered 24.8 litres of illicit liquor from a bike ridden by three persons. The petitioner claimed innocence, arguing that nothing was seized from his possession and that the seizure violated Section 105 of the BNSS, while also noting his prolonged judicial custody since 3 February 2026. The State opposed bail, highlighting the petitioner’s alleged involvement in ten prior criminal cases. After hearing both sides, the Court considered the procedural lapse in seizure and the petitioner’s right to bail, balancing it against his criminal antecedents. The Court granted bail on condition of cooperation with the trial, regular attendance before the trial court, weekly reporting to Chainpur Police Station, and a bail bond of Rs. 10,000 with two sureties.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act despite alleged procedural violations in seizure.
Whether the petitioner’s alleged criminal antecedents justify denial of bail.

Legislation cited

BNSS — s. 105

Subjects

bail
prohibition act
excise
seizure procedure
criminal antecedent
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17281 of 2026
                   Arising Out of PS. Case No.-47 Year-2026 Thana- CHAND District- Kaimur (Bhabua)
                 ======================================================
                 Dharmendra Bind S/0 Kuturu Bind Village- Masoi, P.S.- Chainpur, District-
                 Kaimur At Bhabua

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Tribhuwan Narayan, Advocate
                 For the Opposite Party/s :      Mr. Lakshmi Kant Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   19-03-2026                  Heard learned counsel for the petitioner and the

                   learned APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Chand P.S. Case No. 47 of 2026 registered for the offence

                   punishable under Section 30(a) of the Bihar Prohbition and

                   Excise Act.

                                3. The case of the prosecution in short is that three

                   persons were riding on a bike and from that bike, altogether

                   24.8 liters of illicit 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 submits that nothing has been recovered from the

                   possession of this petitioner. The witnesses of the seizure list are
           Patna High Court CR. MISC. No.17281 of 2026(2) dt.19-03-2026
                                                       2/2




                     police personnel and the police has not complied with Section

                     105 of the BNSS while making the seizure. He further submits

                     that the petitioner is languishing in judicial custody since

                     03.02.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner is having criminal

                     antecedent of ten cases.

                                  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 cooperate in the trial and shall

                     remain physically present on each and every date fixed by

                     the learned trial court and shall also mark his weekly

                     attendance at Chainpur P.S. 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 Exclusive Special

                     Judge, Excise No.-I, Kaimur at Bhabua in connection with

                     Chand P.S. Case No. 47 of 2026.


                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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