Patna High Court

Dharmendra KumarversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner, subject to specified bond and conditions.

Summary

The petitioner, Dharmendra Kumar, a driver, was arrested in Jokihat police station for alleged possession of 844.5 liters of liquor, violating Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, stating he had no knowledge of the goods and no incriminating material was found in his possession, and highlighted his clean record and lack of compliance with Section 103 of the B.N.S.S., 2023. The State opposed bail, but the court considered the facts, the length of custody since 19‑11‑2025, and the absence of direct evidence against him. The court decided to grant bail, subject to a bond of Rs.15,000 with two sureties and conditions regarding family surety and regular appearance in court. The bail order was issued pending framing of charge, if not already done.

Issues considered

Whether the petitioner is entitled to bail under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of his arrest.
Whether the conditions imposed by the court for bail are appropriate and lawful.

Legislation cited

B.N.S.S., 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
Section 30(a)
driver
false implication
custody
Section 103 B.N.S.S. 2023
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.233 of 2026
                        Arising Out of PS. Case No.-374 Year-2025 Thana- JOKIHAT District- Araria
                 ======================================================
                 Dharmendra Kumar Son of Shri Lakhindra Rai @ Lakhindra Ray Resident of
                 village - Mathna Milik Ward No.- 04, Police Station - Kathara, District -
                 Vaishali

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Anish Kumar, Advocate
                 For the Opposite Party/s :        Mrs.Pushpa Sinha.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                      Heard learned counsel for the petitioner and

                   learned APP for the State.

                               2. The petitioner seeks bail in Jokihat P.S. case No.

                   374 of 2025 instituted for the offences under Section 30(a)

                   of the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that 844.5

                   liters liquor was recovered from Truck and the petitioner

                   was arrested on spot.

                               4. Learned counsel for the petitioner submits that

                   the petitioner is innocent and has falsely been implicated in

                   the present case.             No incriminating material has been

                   recovered from the conscious possession of the petitioner.
Patna High Court CR. MISC. No.233 of 2026(2) dt.19-01-2026
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          The petitioner has got no concern with the alleged recovery

          of liquor. It is further submitted that the petitioner is driver

          of the vehicle in question and he had no knowledge

          regarding nature of goods kept in the truck. The petitioner is

          in custody since 19.11.2025 and has got no criminal

          antecedent. There is no compliance of Section 103 of

          B.N.S.S., 2023.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6.     Considering          the       aforesaid   facts   and

          circumstances of the case and the period of custody

          undergone by the petitioner, this Court is inclined to grant

          bail to the petitioner.

                       7. Let the petitioner be released on bail, after

          framing of charge, if not already framed, on furnishing

          bail bonds of Rs.15,000/- (Fifteen thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Jokihat P.S. case

          No. 374 of 2025,subject to the following conditions:

                       (I) One of the bailors shall be own/close member

          of the family of the petitioner.
           Patna High Court CR. MISC. No.233 of 2026(2) dt.19-01-2026
                                                       3/3




                                  (II) The petitioner shall appear on each and every

                     date fixed at the trial. In case of default in such appearance

                     on two consecutive dates, the Trial Court will have liberty

                     to cancel the bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T

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