Patna High Court
Dharamdeo Kumar @ Dharmdev KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bihar Prohibition & Excise Act — s. 30(a)
- BNSS — s. 480(3)
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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