Patna High Court
Dharmendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner with specified conditions.
Summary
The petitioner, Dharmendra Kumar, was arrested in connection with the seizure of 60 litres of illicit liquor under section 30(a) of the Bihar Prohibition & Excise Act. He claimed innocence, asserted that he has no prior criminal record, and had been in custody since 11 May 2026. The petitioner’s counsel offered a charitable donation of Rs.25,000 and sought regular bail, while the State opposed the relief. The High Court considered the facts, the petitioner’s clean antecedent claim, and the State’s opposition, and allowed the bail application. The court ordered release on a bail bond of Rs.10,000 with two sureties, conditioned on verification of a clean antecedent, deposit of Rs.25,000 to a charitable institution, and mandatory weekly attendance at the police station, with non‑compliance leading to cancellation of bail.
Issues considered
- Whether regular bail should be granted to the accused in a case under section 30(a) of the Bihar Prohibition & Excise Act.
- Whether the petitioner’s clean antecedent and charitable donation can be conditions for bail.
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a)
Subjects
- bail
- Bihar Prohibition & Excise Act
- illicit liquor
- regular bail
- clean antecedent
- surety
- charitable donation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40616 of 2026
Arising Out of PS. Case No.-190 Year-2026 Thana- DIGHWARA District- Saran
======================================================
Dharmendra Kumar S/O Shivnath Singh R/O Village- Chaknur, PS-
Dighwara, Distt-Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nalin Kumar, Advocate
For the Opposite Party/s : Mr.Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in a case registered
for the offence under sections 30(a) of the Bihar Prohibition &
Excise Act.
3. The recovery is of 60 litres of illicit liquor from a
house.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has no criminal antecedent. He further
submits that the petitioner is in custody since 11.05.2026
without any fault.
5. Learned counsel for the petitioner also submits that
the petitioner is ready to donate Rs.25,000/- in some charitable
organization without accepting his guilt.
Patna High Court CR. MISC. No.40616 of 2026(2) dt.24-06-2026
2/3
6. Learned APP appearing for the State opposes the
prayer of the petitioner for grant of bail.
7. Considering the facts and circumstances of the case
as well as the submissions of learned counsel for the petitioner,
this application is allowed.
8. Let the petitioner, above named, be released on bail
upon furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand Only) with two sureties of the like amount each to the
satisfaction of learned 1st Exclusive Special Excise Court, Saran
(Chapra)/ concerned Court below, in connection with Dighwara
P.S. Case No. 190 of 2026.
9. At the time of accepting the bail bonds of the
petitioner, the Court below shall verify the statement of the
petitioner that he has clean antecedent. The bail bonds of the
petitioner shall only be accepted if it is found that he has clean
antecedent.
10. This is also subject to the condition that the
petitioner shall deposit an amount of Rs.25,000/- in Ramkrishna
Mission Ashrama, Latu Maharaj Path, Opp. Circuit House,
Chapra and produce the receipt of the same before the Court
below. The bail bonds of the petitioner shall be accepted after
verifying the genuineness of the receipt produced by the
Patna High Court CR. MISC. No.40616 of 2026(2) dt.24-06-2026
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petitioner.
11. As a condition of this order, the petitioner after
being released on bail, is directed to mark his attendance at
Dighwara Police Station, District- Saran at Chapra on every
Sunday of the month. Any default in appearance at the Police
Station will result in cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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