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Patna High Court

Dharamdeo Kumar @ Dharmdev KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to prescribed conditions.

Summary

The petitioner, Dharamdeo Kumar, was arrested in connection with an alleged offence under Section 30(a) of the Bihar Prohibition & Excise Act for allegedly transporting 100 litres of illicit liquor on a motorcycle. The prosecution claimed the seized liquor and vehicle were in the petitioner’s possession, while the petitioner contended he was falsely implicated and had no connection with the seized items. He had been in custody since 26 April 2026 and had a prior case pending. The State opposed bail, but the court considered the circumstances, the length of custody, and the petitioner’s claim of innocence. The court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 480(3) of the BNSS and additional specific requirements.

Issues considered

  • Whether bail should be granted to the petitioner accused under Section 30(a) of the Bihar Prohibition & Excise Act
  • Whether the petitioner’s alleged involvement and the period of custody justify denial of bail

Legislation cited

Subjects

  • bail
  • excise law
  • illicit liquor
  • Section 30(a)
  • Bihar Prohibition & Excise Act
  • criminal procedure
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37650 of 2026
                       Arising Out of PS. Case No.-221 Year-2026 Thana- Excise P.S. District- Rohtas
                 ======================================================
                 Dharamdeo Kumar @ Dharmdev Kumar, S/o Late Jagdish Ram, Resident of
                 Mohalla- Dalelganj, P.S.- Sasaram (T), District- Rohtas

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Shashi Kant, Advocate
                 For the Opposite Party/s :         Mr.Upendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   17-06-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. In the present case, the petitioner seeks bail in

                   connection with Sasaram Excise P.S. Case No. 221 of 2026

                   registered for the alleged offence under Section 30(a) of the

                   Bihar Prohibition & Excise Act.

                                3. As per prosecution case, the petitioner and other co-

                   accused were found transporting illicit liquor on a motorcycle

                   and they were apprehended and recovery of 100 liters of illicit

                   country made liquor was made from the possession of the

                   petitioner and other co-accused.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this

                   case. Nothing incriminating has been recovered from the
Patna High Court CR. MISC. No.37650 of 2026(2) dt.17-06-2026
                                            2/3




          person/possession of the petitioner, who has been apprehended

          merely on suspicion. The petitioner has no concern with the

          seized motorcycle or the liquor or the co-accused. The petitioner

          is in custody since 26.04.2026 and is having antecedent of one

          case.

                       5. Learned APP for the State opposes the submission

          made on behalf of the petitioner.

                       6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          period of custody of the petitioner, the petitioner above named is

          directed to be released on bail on furnishing bail bonds of Rs.

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned Exclusive Special Judge,

          Excise Court No.1, Rohtas at Sasaram/court concerned in

          connection with Sasaram Excise P.S. Case No. 221 of 2026

          (Excise Case No.1151/2026), subject to the conditions

          mentioned in Section 480(3) of BNSS and the following

          conditions:

                       (i) One of the bailors will be a close relative of

                       the petitioner.

                       (ii) The petitioner will remain present on each

                       and every date fixed by the court below.
           Patna High Court CR. MISC. No.37650 of 2026(2) dt.17-06-2026
                                                       3/3




                                  (iii) In case of absence on three consecutive

                                  dates or in violation of the terms of the bail, the

                                  bail bond of the petitioner will be liable to be

                                  cancelled by the court concerned.



                                               (Arun Kumar Jha, J)
V.K.Pandey/-

U      T


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