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Patna High Court

Dharmendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




                       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
                                                      3/3




                    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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