Created by Fuzzy Cloud

Patna High Court

Dharmendra KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.