Patna High Court
Dharmendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the application for regular bail.
Summary
The petitioner, Dharmendra Kumar, was arrested in connection with the recovery of three litres of foreign liquor and charged under Section 30(a) of the Bihar Prohibition and Excise Act, 2026. He pleaded innocence, asserted a clean antecedent, and had been in custody since 25 January 2026. The petitioner’s counsel argued for regular bail, while the State’s Additional Public Prosecutor opposed it. The court examined the facts and circumstances, noting the petitioner’s cooperation and lack of prior record. Consequently, the court granted regular bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of the same amount to the Exclusive Special Excise Court No. 3, Saran.
Issues considered
- Whether regular bail should be granted to the petitioner charged under Section 30(a) of the Bihar Prohibition and Excise Act, 2026.
Subjects
- bail
- excise
- prohibition
- foreign liquor
- Section 30(a)
- Bihar
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20683 of 2026
Arising Out of PS. Case No.-5 Year-2026 Thana- EXCISE SONPUR District- Saran
======================================================
Dharmendra Kumar S/o Late Ram Prit Mahto Resident of Village-
Chandwara, P.S.- Nagar, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dr. Bipin Chandra, Advocate
For the Opposite Party/s : Mr.Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Sonepur Excise P.S. Case No. 05/2026 registered for the
offences punishable under Section 30(a) of Bihar Prohibition
and Excise Act, 2026
3. As per the prosecution case, three litres of foreign
liquor has been recovered from the possession of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submits that petitioner has
clean antecedent and he is in custody since 25.01.2026. The
petitioner undertakes to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
Patna High Court CR. MISC. No.20683 of 2026(2) dt.01-04-2026
2/2
for regular bail of the petitioner.
6. Considering the facts and circumstances of the
case, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Excise Court No. 3,
Saran, Chapra /concerned Court below in connection with
Sonepur Excise P.S. Case No. 05/2026.
(Sandeep Kumar, J)
tusharika/-
U T
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