Patna High Court
Dharmpal Sah @ Dharampal Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The petitioner is entitled to bail as he was not apprehended from the spot and no incriminating material was found on him.
Summary
The petitioner, Dharmpal Sah, was charged under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act for allegedly transporting illicit liquor. The prosecution’s case relied on the testimony of a co‑accused who identified the petitioner as the person who fled the scene, but no liquor or other incriminating material was recovered from the petitioner. The petitioner argued that he was falsely implicated, had no connection with the seized liquor or vehicle, and had been in custody since 26‑03‑2026. The State opposed bail, citing the seriousness of the offences. Considering that the petitioner was not apprehended at the spot, no recovery was made from him, and his prolonged custody, the Court ordered his release on bail with a bond of Rs.10,000 and specific conditions under Section 480(3) of the BNSS. The bail was granted subject to sureties and compliance with attendance requirements.
Issues considered
- Whether the petitioner, who was not apprehended at the spot and from whose person no contraband was recovered, is entitled to bail under the Bihar Prohibition and Excise Act.
- Whether the co‑accused’s testimony alone suffices to justify continued detention.
Legislation cited
- Bihar Negotiable Securities Act — s. 480(3)
- Bihar Prohibition and Excise Act — s. 30(a), 41
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 41
- co‑accused testimony
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32411 of 2026
Arising Out of PS. Case No.-450 Year-2025 Thana- BABUBARHI District- Madhubani
======================================================
Dharmpal Sah @ Dharampal Kumar Sah S/o Shyam Sah @ Shyam Kumar
Sah R/o Vill- Kumarkhat, P.S.-Ladaniya, Distt- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs.Kumari Pallavi, Advocate
For the Opposite Party/s : Mr.Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 12-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Babubarhi P.S. Case No. 450 of 2025,
registered for the offences under Sections 30(a) and 41 of the
Bihar Prohibition and Excise Act.
3. As per prosecution case, information was received
about transportation of illicit liquor in a four wheeler. Checking
of vehicles was started and the identified vehicle was signalled
to stop but the driver tried to run away with the vehicle. The
said vehicle was intercepted and coaccused Salit Kumar Paswan
was apprehended and a person fled away from the spot and the
apprehended coaccused disclosed the name of the petitioner as
the person who fled away from the spot while the police gave a
Patna High Court CR. MISC. No.32411 of 2026(2) dt.12-05-2026
2/3
chase. From the vehicle, 727.500 litre of country made Nepali
liquor was recovered.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is innocent and he has been
falsely implicated in this case. The petitioner was not
apprehended from the spot and nothing incriminating has been
recovered from his person or possession. Petitioner has been
made accused in this case merely on suspicion on the saying of
the coaccused but the petitioner has no concern with the
coaccused or the seized liquor or the vehicle. Learned counsel
further submits that the apprehended coaccused has been
granted bail by a learned Co-ordinate Bench of this Court vide
order dated 20.11.2025 passed in Cr. Misc. No. 78551 of 2025.
Petitioner is having antecedent of two cases and he is in custody
since 26.03.2026.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
fact that petitioner was not apprehended from the spot and no
recovery was shown from his person and further considering his
period of custody, the petitioner is directed to be released on
Patna High Court CR. MISC. No.32411 of 2026(2) dt.12-05-2026
3/3
bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand Only) each with two sureties of the like amount each
to the satisfaction of learned Exclusive Special Judge Excise,
Madhubani/concerned court, in connection with Babubarhi P.S.
Case No. 450 of 2025, subject to the condition laid down under
Section 480(3) of the BNSS and other following conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.