Patna High Court
Dharmendra ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The Court rejected the petition for anticipatory bail.
Summary
The petitioner, Dharmendra Chauhan, sought anticipatory bail fearing arrest in a case (PS Case No. 280 of 2023) under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 concerning the recovery of 375.48 litres of illicit liquor. The petitioner claimed innocence and asserted that no liquor was recovered from his possession, but the prosecution highlighted that he has five pending criminal cases. The State’s Additional Public Prosecutor opposed the bail, emphasizing the petitioner’s criminal antecedents. The Court, after considering the seriousness of the offence and the petitioner’s pending cases, declined to grant anticipatory bail. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case involving alleged illicit liquor possession.
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal procedure
- pending criminal cases
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26878 of 2026
Arising Out of PS. Case No.-280 Year-2023 Thana- HATHUA District- Gopalganj
======================================================
Dharmendra Chauhan Son of Late Raghu Chauhan Resident of vill -Chitmath
PS- Mairwa Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : None
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 22-04-2026 No one appears on behalf of the petitioner.
However, learned APP for the State is present.
2. The petitioner is apprehending arrest in connection
with Hathua P.S. Case No. 280 of 2023, dated 01.12.2023,
lodged under Section 30(a) of the Bihar Prohibition and Excise
(Amendment) Act, 2022, pending before the Court of Additional
Sessions Judge-XIII-cum-Spl. Excise Court No. 1, Gopalganj.
3. As per the prosecution, total recovery of 375.480
litres of illicit liquor has been made, which is the subject matter
of the present case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He further
submits that nothing has been recovered from the possession of
the petitioner. Furthermore, he submits that the criminal
Patna High Court CR. MISC. No.26878 of 2026(2) dt.22-04-2026
2/2
antecedent of the petitioner is not clean, as five criminal cases
are pending against him.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that five criminal cases are
pending against the petitioner.
6. In the present facts and circumstances, this Court is
not inclined to grant anticipatory bail to the petitioner.
Accordingly, the prayer for anticipatory bail of the petitioner is
hereby rejected.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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