Patna High Court
Arjun DhanukversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to a cash bond, two sureties, a mandatory charitable donation, and weekly police‑station attendance.
Summary
Arjun Dhanuk was arrested in connection with the seizure of 96 litres of illicit country-made liquor from his motorcycle, alleged to violate Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022 and Sections 318(4), 317(1) and 3(5) of the B.N.S. He had been in custody since 20 January 2026 and possessed six prior criminal antecedents. The petitioner applied for regular bail, offering to donate Rs.25,000 to a charitable organization without admitting guilt, while the State opposed the relief. The Patna High Court, after considering the facts and submissions, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, deposit the charitable amount, and report to the police station every Sunday. Failure to comply would result in cancellation of bail.
Issues considered
- Whether regular bail should be granted to a person accused of possession of illicit liquor under the Bihar Prohibition & Excise (Amendment) Act, 2022 and related B.N.S. provisions despite prior criminal antecedents.
- Whether imposing a charitable donation as a condition of bail is permissible under criminal procedure law.
Legislation cited
- B.N.S. — s. 317(1), 318(4), 3(5)
Subjects
- bail
- illicit liquor
- prohibition law
- excise
- criminal procedure
- conditions of bail
- charitable donation
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21136 of 2026
Arising Out of PS. Case No.-12 Year-2026 Thana- SAHPUR District- Bhojpur
======================================================
Arjun Dhanuk S/O Kishun Dhanuk R/O Village and PS- Shahpur, District-
Bhojpur
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar Singh, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 02-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Shahpur P.S. Case No. 12 of 2026 registered for the offence
under Section 30(a) of the Bihar Prohibition & Excise
(Amendment) Act, 2022 and Sections 318(4), 317(1) and 3(5) of
B.N.S.
3. The recovery is of 96 litres of illicit country-made
liquor from a motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has six criminal antecedents. He
further submits that the petitioner is in custody since 20.01.2026
without any fault.
5. Learned counsel for the petitioner also submits that
Patna High Court CR. MISC. No.21136 of 2026(2) dt.02-04-2026
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the petitioner is ready to donate Rs. 25,000/- in some charitable
organization without accepting his guilt
6. Learned APP appearing for the State opposes the
prayer of the petitioner for grant of bail.
7. Considering the facts and circumstances of the case
as well as the submissions of learned counsel for the petitioner,
this application is allowed.
8. Let the petitioner, above named, be released on bail
upon furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand Only) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge, Excise-II,
Bhojpur at Ara/ concerned Court below, in connection with
Shahpur P.S. Case No. 12 of 2026.
9. This is also subject to the condition that the
petitioner shall deposit an amount of Rs.25,000/- in
Ramakrishna Math, Village Jharha (near Matua Pahar), P.O.
Gurua, Gayaji and produce the receipt of the same before the
Court below. The bail bonds of the petitioner shall be accepted
after verifying the genuineness of the receipt produced by the
petitioner.
10. As a condition of this order, the petitioner after
being released on bail, is directed to mark his attendance at
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Shahpur Police Station, District- Bhojpur on every Sunday of
the month. Any default in appearance at the Police Station will
result in cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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