Patna High Court

Dharmvir KumarversusThe State of Bihar

Decided: 22 April 2026
Disposal: BAIL GRANTED
Bench: PRAVEEN KUMAR

Holding

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

Summary

The petitioner, Dharmvir Kumar, sought anticipatory bail after being implicated in an excise case where 10 litres of illicit country-made liquor were seized from a motorcycle he owned. He argued that he merely lent the motorcycle in good faith to a co-accused for medical reasons and was not present at the seizure, and that no lawful search and seizure procedure was followed. The prosecution opposed the bail, contending the petitioner was an accused in the case under Section 30(A) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The court examined the circumstances, including the lack of direct involvement and procedural lapses, and applied Section 482(2) of the Bharitya Nagrik Suraksha Sanhita. It granted anticipatory bail, subject to a bail bond of Rs.10,000 and two sureties, conditional on surrender within six weeks.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita in view of the alleged procedural irregularities in the seizure.
Whether mere ownership of the seized vehicle, without participation in the alleged offence, suffices to deny anticipatory bail.

Subjects

anticipatory bail
excise offence
illicit liquor
search and seizure
Section 30(A)
Section 482(2)
motorcycle ownership
Bihar law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23635 of 2026
                        Arising Out of PS. Case No.-16 Year-2026 Thana- Excise P.S. District- Arwal
                 ======================================================
                 Dharmvir Kumar Son of Ram Dayal Singh Resident of Village - Manga
                 Bigha, Mali, P.S.- Arwal, District - Arwal.
                                                                     ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Gajendra Kumar Singh, Advocate
                 For the Opposite Party/s :         Mr. Ajit Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   22-04-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. The Petitioner is apprehending his arrest in

                   connection with Excise (Arwal) P.S. Case No. 16 of 2026

                   registered for the offences punishable under Sections 30(A) of

                   the Bihar Prohibition and Excise (Amendment)Act, 2018.

                                3. As per the prosecution case, two persons were

                   apprehended on a motorcycles and from their possessions all

                   together 10 litres of illicit country made liquor was recovered.

                                4. Learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has been falsely implicated in

                   this case merely on the basis of being the owner of the seized

                   vehicle. The petitioner was not arrested from the spot. It has

                   further been submitted that the apprehended person did not

                   allege any complicity against the petitioner. Moreover, no lawful

                   procedure was followed with regard to the search and seizure. It
              Patna High Court CR. MISC. No.23635 of 2026(2) dt.22-04-2026
                                                          2/2




                        has also been submitted that the petitioner had given his

                        motorcycle to the co-accused, Ram Dayal Yadav, in good faith,

                        as he had requested the petitioner to lend the motorcycle to

                        bring medicines for his mother, who was in a serious condition.

                        Lastly, it has been submitted that although the petitioner has

                        been made an accused in several cases but none of them are of

                        similar nature.

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

                        opposed the prayer for anticipatory bail of the petitioner.

                                     6. Considering the aforesaid facts and circumstances

                        of the case, let the above named petitioner, in the event of his

                        arrest/surrender within a period of six weeks from today, be

                        enlarged on anticipatory bail on furnishing bail-bond of Rs.

                        10,000/- (Rupees ten thousand) with two sureties of the like

                        amount each to the satisfaction of the learned court concerned,

                        Arwal, in connection with Excise (Arwal) P.S. Case No. 16 of

                        2026, subject to the conditions as laid down under Section

                        482(2) of the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.)

                                     7. This application stands allowed.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T

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