Patna High Court
Dharmendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Bail was granted to the petitioner subject to a bond of ₹30,000 and compliance with the conditions of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioner, Dharmendra Kumar, was implicated in a case concerning the seizure of 144.75 litres of illicit liquor, of which 66.75 litres were recovered from a Maruti vehicle registered to him. He contended that he had merely lent the car to a friend in good faith and had no involvement in the illegal activity, asserting a clean antecedent. The State opposed bail, noting that the recovery was made from the petitioner’s vehicle despite his claim of innocence. The Court, after considering the facts and the petitioner’s clean record, ordered bail on the condition of a ₹30,000 bond and compliance with the provisions of the Bharatiya Nagrik Suraksha Sanhita, 2023. The bail was to be surrendered within four weeks if the petitioner is arrested or surrenders before trial.
Issues considered
- Whether the petitioner is entitled to bail despite the recovery of illicit liquor from his vehicle
- Whether the petitioner’s claim of lending the vehicle in good faith negates criminal liability
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- bail
- illicit liquor
- excise law
- criminal procedure
- vehicle seizure
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36021 of 2026
Arising Out of PS. Case No.-274 Year-2025 Thana- TEKARI District- Gaya
======================================================
Dharmendra Kumar S/O Late Sarjoo Sharma R/O Mohalla- Nutan Nagar, PS-
Civil Line, Distt-Gaya ji.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : None
For the Opposite Party/s : Mr.Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 01-06-2026 The Court proceeding is being conducted through
virtual mode.
2. Upon repeated call, none appears on behalf of the
petitioners. However, learned APP for the State is present.
3. The petitioner who apprehends arrest in connection
with Tekari, P.S. Case No. 274/2025 lodged on 12.06.2025, for
the offences punishable under sections 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
4. As per the prosecution, total recovery of 144.750
Litres of illicit liquor is the subject matter of the present case.
Out of which 66.750 liters illicit foreign liquor has been
recovered from a Maruti vehicle bearing Registration No.
BR01DC-0889 which was standing at the house of co-accused
namely Satyam Kumar @ Lallu and the same was seized.
Patna High Court CR. MISC. No.36021 of 2026(2) dt.01-06-2026
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5. From the pleading, it appears that the petitioner is
innocent and has committed no offence. It further appears that
nothing has been recovered from the possession of the petitioner
but his name has come in this case only on the basis of the
vehicle from which alleged recovery was made. It further appear
that the petitioner has taken specific plea in para-8 of the
petition that he has given his car to his friend in good faith but
his friend has misused his car in such criminal act. Moreover,
the petitioner has no concern with the alleged recovery and as
per statement made in paragraph 3 of the petition, the
antecedent of the petitioner is also clean.
6. Learned APP for the State opposes the prayer for
bail but submits that antecedent of the petitioner is clean and
recovery has been made from a car which belongs to the
petitioner. In this regard, specific statement of the petitioner has
come that he has given his car to his friend.
7. In the facts and circumstances, let the above named
petitioner be released on bail, in the event of arrest or surrender
before the Trial Court within a period of four weeks from today,
on furnishing bail bond of ₹30000/- (thirty thousand) as
mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha
Sanhita, 2023 to the satisfaction of the Exclusive Special Excise
Patna High Court CR. MISC. No.36021 of 2026(2) dt.01-06-2026
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Court No. -2 Gayaji, in connection with Tekari, P.S. Case No.
274/2025, subject to the conditions as laid down under Section
482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
(Dr. Anshuman, J)
Ashwini/Manshi
U T
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