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Patna High Court

Dharmendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                          3/3




                        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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