Patna High Court
Dharmendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Dharmendra Kumar, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 12.96 litres of illicit liquor were recovered from a cow shed. He argued that no incriminating material was found in his conscious possession and that the recovery was from an open, publicly accessible place, making the accusation merely speculative. The State opposed his bail application. The court examined the nature of the offence, the location of the seizure, and the petitioner's clean antecedent, finding no substantive link between him and the liquor. Relying on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, the court granted anticipatory bail with conditions of surrender within eight weeks and a bail bond of Rs.10,000 with two sureties. The order directs the Special Judge Excise Court to enlarge bail upon compliance.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the recovery
- Whether the petitioner’s lack of conscious possession and clean antecedent justify the grant of anticipatory bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- clean antecedent
- Section 30(a)
- Section 482(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26803 of 2026
Arising Out of PS. Case No.-190 Year-2026 Thana- MUZAFFARPUR SADAR District-
Muzaffarpur
======================================================
Dharmendra Kumar S/o Jhagru Chaudhari @ Jhagru Chaudhary @ Yugal
Kishor Chaudhary Resident of Village - Bibiganj Saketpuri Road No. 5, P.S. -
Sadar, Dist. - Muzaffarpur, State - Bihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ram Niwas Prasad S/o Late SH. Sita Sharan Prasad R/o Saroj Sadan, Kanak
Puri, P.S. - Nawada, Dist. - Bhojpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurabh Kumar, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 28-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, 12.96 litres illicit liquor
was recovered from a cow shed.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. Petitioner has got no concern with
the alleged recovery and he has been made accused in this case
merely on suspicion. Recovery has been made from an open
place, accessible to one and all. Petitioner claims clean
Patna High Court CR. MISC. No.26803 of 2026(2) dt.28-04-2026
2/2
antecedent.
5. Learned A.P.P. for the State opposed the bail
application.
6. Considering nature of accusation, place of recovery
and clean antecedent, this anticipatory bail is allowed and it is
ordered that let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Special Judge Excise
Court I, Muzaffarpur in connection with Muzaffarpur (Sadar) P.
S. Case No. 190 of 2026, subject to condition as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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