Patna High Court
Dharmraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the CrPC.
Summary
The petitioner, Dharmraj Kumar, applied for anticipatory bail after being implicated in a case (Chawara P.S. Case No. 37 of 2026) under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 9 litres of illicit country‑made liquor and a mobile phone. He claimed that villagers, out of animosity, falsely named him and that he had merely stepped away to attend to nature before fleeing in fear when police approached. The Additional Public Prosecutor opposed the bail, arguing the seriousness of the offence. The court examined the facts, noted the petitioner’s lack of criminal antecedent, and considered the risk of absconding or tampering with evidence. Applying Section 482(2) of the CrPC, the court granted anticipatory bail on the condition that the petitioner surrenders within six weeks and furnishes a bail bond of Rs 10,000 with two sureties. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted under Section 482(2) CrPC to a person accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner is likely to abscond, tamper with evidence, or otherwise prejudice the investigation.
- Whether the allegations against the petitioner are false and stem from personal animosity.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- Section 30(a) Bihar Prohibition and Excise Act
- Section 482 CrPC
- false implication
- bail bond
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34406 of 2026
Arising Out of PS. Case No.-37 Year-2026 Thana- CHEWARA District- Sheikhpura
======================================================
Dharmraj Kumar S/o Lalan Yadav @ Lalan Prasad Singh R/o Village -
Ekrama, P.S - Chawara, District - Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 19-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in
connection with Chawara P.S. Case No. 37 of 2026 dated
09.04.2026 registered for the offences punishable under Section
30(a) of the Bihar Prohibition and Excise Act.
3. As per the allegation, upon seeing the police
vehicle, one person after leaving the bicycle and mobile started
fleeing away towards the field, he was chased but he managed
good his escape taking benefit of the darkness, nearby people
stated the name of the petitioner who was riding the bicycle and
who fled away from the place of occurrence. It has further been
Patna High Court CR. MISC. No.34406 of 2026(2) dt.19-05-2026
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alleged that from the bicycle 9 litres of illicit country made
liquor as well as mobile has been recovered.
4. Learned counsel for the petitioner has submitted
that petitioner has falsely been implicated in this case and the
local villagers out of animosity has named the petitioner. It has
further been submitted that petitioner had actually gone to
attend the call of nature and when police came near the bicycle
which was lying nearby but petitioner was not aware of it,
petitioner fled away from the place of occurrence due to fear
and left his mobile phone there itself. It has further been
submitted that petitioner has got no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances of the
case, let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bond of Rs.
10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of the learned court concerned,
Sheikhpura, in connection with Chawara P.S. Case No. 37 of
2026, subject to conditions as laid down under section 482(2) of
Patna High Court CR. MISC. No.34406 of 2026(2) dt.19-05-2026
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the B.N.S.S.
8. The application stands allowed.
(Praveen Kumar, J)
shivam/-
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