Patna High Court
Dharmendra Kumar @ Dharmendra KamkarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
Bail was granted to the petitioner subject to a bond and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Dharmendra Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 36 litres of illicit liquor were recovered from a cottage‑type bathan allegedly belonging to him. He asserted that he was not present at the location, had no possession of the liquor and that the recovery was from an open area accessible to anyone. The State opposed his bail application, citing the seriousness of the offence. The Court, noting the petitioner’s clean antecedent, the lack of direct evidence linking him to the liquor and the arguments of counsel, ordered his release on bail subject to a bond of Rs 10,000 with two sureties and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner was directed to surrender within six weeks if arrested.
Issues considered
- Whether bail can be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act given the facts and circumstances.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- illicit liquor
- criminal procedure
- Section 482(2)
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26095 of 2026
Arising Out of PS. Case No.-531 Year-2025 Thana- Excise P.S. District- Siwan
======================================================
Dharmendra Kumar @ Dharmendra Kamkar S/o Bhagwan Kamkar R/o
Village - Titra, P.S - Ander, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priyanshu Kumar Singh, Advocate
For the Opposite Party/s : Ms. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends arrest in a case
registered under Section 30(a) of Bihar Prohibition and Excise
Act.
3. As per prosecution case, 36 liters illicit liquor
was recovered from the cottage type Bathan of the petitioner.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and has falsely
been implicated in the present case merely on suspicion. Further
submission is that petitioner has no concern with the seized
liquor. Petitioner was not present at the place of occurrence.
Nothing has been recovered from the conscious possession of
the petitioner. The recovery is made from an open type place
Patna High Court CR. MISC. No.26095 of 2026(2) dt.22-04-2026
2/2
easily accessible to anyone. Petitioner has got no criminal
antecedent and he undertakes to cooperate in the investigation
and trial.
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Considering the aforesaid facts and circumstances
of the case, submissions of learned counsel for the parties and
clean antecedent of the petitioner, let the above named petitioner
be released on bail, in the event of arrest or surrender before the
Court concerned within a period of six weeks from today, on
furnishing bail bond of Rs. 10,000 (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of
learned Exclusive Special Excise Court-II, Siwan, in connection
with Siwan Excise P.S. Case No. 531 of 2025, subject to the
conditions as laid down under Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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