Patna High Court
Dharmendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court held that anticipatory bail may be granted as the petitioner is not the owner of the vehicle, has no criminal antecedent, and the precedent in Ram Vinay Yadav permits bail despite Section 76(2) when no offence is made out.
Summary
Dharmendra Kumar sought anticipatory bail fearing arrest under section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 45 litres of Nepali liquor seized from a motorcycle that he claims he neither owned nor was present on. The prosecution’s case is based on a secret tip that the motorcycle entered India from Nepal. The petitioner contended that an inimical person, Yogendra Prasad, falsely implicated him and that he has no criminal antecedent. Relying on the Patna High Court Full Bench decision in Ram Vinay Yadav v. State of Bihar, which allows anticipatory bail despite the bar in Section 76(2) when no offence is made out, the court examined the merits. Finding the petitioner not the owner, lacking prior convictions, and persuaded by the precedent, the court granted anticipatory bail with a set of strict conditions, reserving the right to cancel the bail if any falsehood or misconduct is discovered.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2).
- Whether the allegations in the FIR constitute an offence under section 30(a) against the petitioner.
- Whether the petitioner’s lack of ownership of the motorcycle and absence of criminal antecedent justify the grant of anticipatory bail.
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- section 30(a)
- section 76(2)
- seizure of liquor
- criminal antecedent
- FIR
- secret information
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20789 of 2026
Arising Out of PS. Case No.-308 Year-2025 Thana- KUNDWACHAINPUR District- East
Champaran
======================================================
Dharmendra Kumar Son of Vinod Prasad Resident of village- Hirapur, ward
No. 10,(Gurhanwa), P.S. Kundwa Chainpur, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 08-04-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Kundwa Chainpur P.S. Case No. 308 of 2025
for the offence under section 30(a) of the Bihar Prohibition and
Excise Act lodged on 06.11.2025 by the informant, Amit Kumar
Pandey.
3. As per the prosecution story, the Police on secret
information, intercepted a person near pillar no. 347 coming
from Nepal to India on a motorcycle. There is recovery/seizure
of 45 liters of Nepali liquor. This led to the FIR.
4. Learned counsel for the petitioner submits that he
neither owns the motorcycle nor was present at the spot but one
Yogendra Prasad who is inimical to him, named him and the last
Patna High Court CR. MISC. No.20789 of 2026(2) dt.08-04-2026
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submission is that he do not have any criminal antecedent.
5. Further, learned counsel for the petitioner relied on
the judgment of the Full Bench of Hon’ble Patna High Court in
the case of Ram Vinay Yadav vs. State of Bihar reported in
2019 (2) PLJR 1089 wherein it has been held that an
application for anticipatory bail in a case arising out of Bihar
Excise and Prohibition Act can be maintained, despite the bar
under Section 76(2) of the Act, if on the basis of allegation
made in the FIR, no offence under the said provision is made
out.
6. Learned APP opposes the prayer submitting that his
name has cropped up.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that he is not the owner of the motorcycle and have no
criminal antecedent, in that background, this Court is inclined to
extend him the privilege of anticipatory bail with conditions.
8. If, however, it is found that contrary to the
statement made in paragraph-3, the petitioner has criminal
antecedent, the present order shall become infructuous.
9. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
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receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Exclusive Special Excise Court No. 03,
East Champaran, Motihari in connection with Kundwa Chainpur
P.S. Case No. 308 of 2025 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every fortnight for six months to mark his
attendance and after the end of the period, the certificate shall be
submitted before the Trial Court failing which steps shall be
taken for the cancellation of the bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
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failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
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