Patna High Court
Dharmendra Rajbanshi @ Shiv Kumar RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to the petitioner subject to bond, sureties and conditions.
Summary
The petitioner, Dharmendra Rajbanshi, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, after 27 litres of liquor were recovered from a house he jointly owned. He contended that he was not present at the premises, had no physical possession of the liquor, and maintained a clean antecedent. The Additional Public Prosecutor opposed his request for anticipatory bail. The court examined the factual submissions and noted that the recovery did not appear to be directly linked to the petitioner’s personal possession. Considering his clean record and lack of direct involvement, the court directed that he be released on anticipatory bail upon surrendering within four weeks, subject to a bail bond and sureties, and compliance with conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438(2) of the CrPC in a case of alleged illicit liquor trade under the Bihar Prohibition and Excise Act, 2016.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- BNSS — s. 482(2)
- Code of Criminal Procedure (CrPC) — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- clean antecedent
- joint ownership
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33294 of 2026
Arising Out of PS. Case No.-297 Year-2020 Thana- GOVERNMENT OFFICIAL COMP.
District- Nawada
======================================================
Dharmendra Rajbanshi @ Shiv Kumar Ram Son of Bachchu Rajbanshi
Resident of Village- Bhikhampur, P.S.- Rupau, District- Nawada.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr.Pramod Kumar Verma
For the Opposite Party : Mr.Md. Nazir Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 29-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with G.O. Case P.S.
Case No.297 of 2020 registered under Section 30(a) of
Bihar Prohibition and Excise Act, 2016.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 27 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the name of this petitioner arrayed solely
Patna High Court CR. MISC. No.33294 of 2026(3) dt.29-06-2026
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for the reason that the recovery of alleged liquor was made
from the house of petitioner. It is also submitted that the
petitioner is a joint owner of family House which is occupied
by different family members . The petitioner was not present
at the place of occurrence and also the petitioner is not
connected in any manner with the recovery of alleged liquor.
Petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, who is a man of clean antecedent, accordingly,
the petitioner, above-named, in the event of his arrest or
surrender in the court below within a period of four weeks
from today, is directed to be released on bail on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of
learned Additional Sessions Judge-II Special Judge, Nawada
in connection with G.O. Case P.S. Case No.297 of 2020,
Patna High Court CR. MISC. No.33294 of 2026(3) dt.29-06-2026
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subject to the conditions as laid down under Section 438(2)
of the CrPC/under Section 482(2) of the BNSS
(Chandra Shekhar Jha, J.)
aniket/-
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