Patna High Court
Dharmendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner on the condition of a Rs.10,000 bond with two sureties.
Summary
The petitioner, Dharmendra Kumar, was arrested in connection with the alleged possession of 340 litres of country‑made liquor seized from a tempo, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. He contended that he neither owned nor drove the tempo and that the liquor was not recovered from his conscious or physical possession. The petitioner further argued that the search and seizure violated mandatory statutory provisions because there was no independent witness to the seizure list. Having been in custody since 19‑April‑2026 and having no prior criminal record, the court examined the procedural lapses and the factual circumstances. Considering the non‑compliance with search‑seizure requirements, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount. The bail order was directed to be recorded in the pending case before the Nadi Police Station.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether the search and seizure conducted by the police complied with the mandatory statutory provisions.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- bail
- prohibition act
- illegal liquor
- search and seizure
- procedural irregularities
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36322 of 2026
Arising Out of PS. Case No.-142 Year-2026 Thana- NADI P.S. District- Patna
======================================================
Dharmendra Kumar Son of Suresh Ray Resident of Village- Himmatpur, P.S.-
Rustampur, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ayushi Gupta, Advocate
For the Opposite Party/s : Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 09-06-2026 Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise Act, 2016.
3. Perusal of the first information report and the seizure
list would go to show that 340 liters of country made liquor is
said to have been recovered from different portions of a tempo.
4. It is submitted by learned counsel for the petitioner
that there is no recovery from the conscious or physical
possession of the petitioner. The petitioner is neither the owner
nor the driver of the said tempo. There is violation of
mandatory provisions of the search and seizure as there is no
independent witness to the seizure list. Petitioner has no
Patna High Court CR. MISC. No.36322 of 2026(2) dt.09-06-2026
2/2
criminal antecedent and has been languishing in custody since
19.04.2026.
5. Taking into consideration the fact and
circumstances of the case and also considering the fact that there
is non-compliance of mandatory provisions of search and
seizure, the above named petitioner is directed to be enlarged on
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 below where the case is
pending/successor Court in connection with Nadi P.S. Case No.
142 of 2026.
(Soni Shrivastava, J)
Trivedi/-
U T
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