Patna High Court
Dharmendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The court held that anticipatory bail could not be granted in the present circumstances.
Summary
The petitioner, Dharmendra Kumar, sought anticipatory bail in connection with a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 55 litres of illicit liquor. The prosecution alleged that the petitioner was involved in the offence, while the petitioner claimed innocence and that no illicit liquor was found on his person. The State opposed bail, highlighting three pending criminal cases against the petitioner, two of which are of a similar nature. The High Court, considering the petitioner’s criminal antecedents and the seriousness of the alleged offence, refused to grant anticipatory bail. The Court directed the petitioner to surrender to the trial court within six weeks, where his bail application would be considered on merits.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s existing criminal cases, particularly those of a similar nature, preclude the grant of anticipatory bail.
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- criminal antecedent
- surrender
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22609 of 2026
Arising Out of PS. Case No.-10 Year-2026 Thana- GHOSI District- Jehanabad
======================================================
Dharmendra Kumar Son of Madan yadav Resident Of Village - Maima Ps-
Okari District -Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bipin Kumar, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Ghoshi P.S. Case No. 10 of 2026, dated 08.01.2026, lodged
under Section 30(a) of the Bihar Prohibition and Excise
(Amendment) Act, 2022, pending before the Court of Exclusive
Special Excise Judge-I, Jehanabad.
3. As per the prosecution, total recovery of 55 litres of
illicit liquor has been made, which is the subject matter of the
present case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
further submits that the petitioner was neither apprehended from
the spot nor was anything illicit recovered from his possession.
Counsel also submits that the criminal antecedent of the
Patna High Court CR. MISC. No.22609 of 2026(2) dt.16-04-2026
2/2
petitioner is not clean, as there are three criminal cases pending
against him.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the criminal antecedent of
the petitioner is not clean, as there are three criminal cases
pending against him, out of which two cases are of the same
nature.
6. In the present facts and circumstances, this Court is
not inclined to grant anticipatory bail to the petitioner.
Accordingly, the prayer for anticipatory bail of the petitioner is
hereby rejected.
7. It is directed to the petitioner to surrender before
the Trial Court within a period of 6 weeks from today. In case,
the petitioner surrenders within six weeks, then the Trial Court
is directed to pass order on his surrender-cum-bail application
on the same day without being prejudice that the anticipatory
bail of the petitioner has been rejected by this Court and the
Trial Court shall pass order on the merit of this case.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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