Patna High Court
Dharmendra Kumar @ Dharmendra RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to a bond, sureties, and conditions prescribed under Section 482(2) of the CrPC.
Summary
The petitioner, Dharmendra Kumar, applied for anticipatory bail in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, where police recovered 20.100 litres of illicit English wine from a motorcycle that does not belong to him. The petitioner’s name does not appear in the FIR and he was implicated solely on the basis of a co‑accused’s confessional statement. He asserted his innocence, highlighted the lack of any incriminating material recovered from his possession or residence, and offered to deposit Rs 5,000 with the Advocates’ Association. The State opposed the bail, noting the petitioner’s three prior criminal antecedents, two of which are pending on bail. The Court, after considering that no evidence directly linked the petitioner to the seized contraband, granted anticipatory bail subject to a bond of Rs 10,000, two sureties, and specific conditions under Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite prior criminal antecedents and the nature of the offence under the Bihar Prohibition and Excise Act.
- Whether the absence of incriminating material in the petitioner’s possession and the reliance on a co‑accused’s confession justify granting bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor seizure
- confessional statement
- prior criminal antecedents
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33774 of 2026
Arising Out of PS. Case No.-37 Year-2025 Thana- Pahelja P.S. District- Saran
======================================================
Dharmendra Kumar @ Dharmendra Rai S/o Nagina Rai R/o Newal Tola,
Sabalpur, Sonepur, P.O.- Sonepur, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shabina Talat, Adv.
For the Opposite Party/s : Mr. Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection
with Pahleja P.S. Case No. 37 of 2025 dated 07.04.2025
registered for the offence punishable under Section/s 30(a) of
the Bihar Prohibition and Excise Act.
3. As per the prosecution case, the police have recovered
total 20.100 liters of illicit English wine from the place of
occurrence.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. It is next submitted the recovery is made from the
Motorcycle which does not belong to the petitioner and
petitioner has clean antecedent. It is further submitted that the
Patna High Court CR. MISC. No.33774 of 2026(2) dt.20-05-2026
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petitioner is not named in the F.I.R. and his name has transpired
in this case on the basis of confessional statement of the co-
accused Satyendra Roy and, except this, there is nothing adverse
against him. Counsel for the petitioner fairly submits that the
petitioner, without accepting his guilt, is ready to deposit Rs.
5,000/- in the account of the Advocates’ Association, Patna High
Court. Lastly, it is submitted that the petitioner has three
criminal antecedents similar to the present case, out of which he
is on bail in two cases, as has been stated in Para-3 of the
present anticipatory bail application.
5. Learned APP for the State opposes the prayer for grant
of anticipatory bail.
6. Having heard learned counsel for the parties and
considering the fact that nothing incriminating has been
recovered from the constructive possession of the petitioner or
from his house and has no concern with the seized motorcycles,
let the petitioner, above named, be released on anticipatory bail
in the event of his arrest or surrender before the court below
within a period of four weeks from today on furnishing bail
bond of Rs. 10,000/- (rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned 2nd Exclusive
Special Judge, Saran at Chapra in connection with Pahleja P.S.
Patna High Court CR. MISC. No.33774 of 2026(2) dt.20-05-2026
3/3
Case No. 37 of 2025, subject to production of the receipt
showing deposit of Rs. 5,000/- as proposed on behalf of the
petitioner as also the conditions as laid down under Section
482(2) of the B.N.S.S. as well as the following conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document / personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds.
(Ajit Kumar, J)
rishi/-
U T
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