Created by Fuzzy Cloud

Patna High Court

Dharmendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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.