Patna High Court
Dharmendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The court held that bail may be granted subject to strict conditions, as the petitioner was not directly linked to the seized liquor and the identification was insufficient to deny bail.
Summary
Dharmendra Kumar was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act after police recovered 225 litres of illicit country-made liquor from behind the saloon of co-accused Deepak Thakur. The petitioner was not present at the scene; his name surfaced only through the identification of a local watchman who is on inimical terms with him. He sought anticipatory bail, arguing innocence and that the allegation is based merely on suspicion, while the State highlighted his three prior similar offences and argued he is a habitual offender. The court examined the material, noting that no liquor was recovered from the petitioner and the identification was tenuous, but also considered his criminal antecedents. It ordered that, if arrested or surrendered within six weeks, the petitioner be released on bail with a bond of Rs.10,000 and two sureties, subject to verification of his antecedents and conditions under Section 482(2) of the Bihar Prohibition and Excise Act.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite prior similar offences and identification solely by a local watchman.
- Whether the material on record justifies denial of bail under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 482(2)
Subjects
- anticipatory bail
- bail conditions
- illegal liquor
- Section 30(a)
- Section 482(2)
- criminal antecedents
- identification by watchman
- prohibition act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35490 of 2026
Arising Out of PS. Case No.-1004 Year-2025 Thana- SONEPUR District- Saran
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Dharmendra Kumar S/o Nagina Ray R/o - Newal Tola, Sabalpur, Sonepur,
P.O .- Sonepur, P.S- Sonepur District – Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shabina Talat, Advocate
For the Opposite Party/s : Mr. Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 21-05-2026 Heard the learned counsel for the petitioner and
the learned APP for the State.
2. The petitioner apprehends his arrest in connection
with Sonepur P.S. Case No. 1004/2025, for allegedly having
committed offence under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. As per the prosecution story, which has been
lodged on the basis of the written report submitted by the
informant to the effect that while he was on patrolling duty in
connection with the Bihar Legislative Assembly Election 2025,
he received a secret information that some persons are illegally
selling country-made liquor in Sabalpur Nayaka Tola Bangra
under Sonepur Police Station. To verify the authenticity of the
said secret information, the informant along with the police party
reached the place of occurrence for verification. On seeing the
police party, several persons started fleeing away. However, upon
Patna High Court CR. MISC. No.35490 of 2026(2) dt.21-05-2026
2/3
chase, some of them were apprehended. During search, 15 plastic
bags containing 225 litres of country-made liquor was recovered.
4. The learned counsel for the petitioner submits
that the petitioner is innocent and has not committed any offence,
rather he has been falsely implicated in the present case only on
suspicion. She further submits that since the petitioner has
criminal history of similar nature of cases, he has been made an
accused in the present case also. She further submits that 225
litres of liquor was recovered from behind the saloon of co-
accused Deepak Thakur and the name of the petitioner has
transpired in the present case on the basis of the disclosure made
by the local chaukidar with whom, the petitioner is on inimical
terms. She further submits that the petitioner has got three other
cases of similar nature in which, he is on bail.
5. Per contra, the learned APP for the State
vehemently opposes the prayer for bail and submits that the
petitioner is a habitual offender, having cases of similar nature
and there is every probability that he will again indulge in same
activity, if he will be granted the privilege of anticipatory bail.
6. Having heard the rival submissions and after
going through the records, it appears that 225 litres of illegal
liquor was recovered from behind the saloon of Deepak Thakur.
The petitioner was not present at the place of occurrence and no
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recovery has been made from him. His name has transpired only
on the basis of the identification made by the local chaukidar.
The petitioner has got three criminal antecedents of similar
nature. Considering the facts and circumstances of the case, let
the petitioner, above named, in the event of arrest or surrender
within a period of six weeks, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned 2 nd Exclusive
Special Excise Judge, Saran at Chapra, subject to the conditions
as laid down under Section 482(2) of the B.N.S.S., with further
condition:
(1) The learned Court concerned shall verify the
criminal antecedent of the petitioner and in case at any stage, it is
found that the petitioner has concealed his criminal antecedents,
the court concerned shall take steps for cancellation of bail bond
of the petitioner. However, the acceptance of bail bonds in terms
of the above-mentioned order shall not be delayed for purpose of
or in the name of verification.
(Ritesh Kumar, J)
Ajay/Ashutosh-
U T
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