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Patna High Court

Dhirendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner as the liquor was not recovered from his possession and he has a clean antecedent.

Summary

The petitioner, Dhirendra Kumar, was implicated in a case involving the recovery of 2,582 litres of illicit liquor under the Bihar Prohibition and Excise Act, 2022, although his name does not appear in the FIR. He argued that his involvement was limited to the sale of his motorcycle, which had been transferred to another person before the seizure, and that the liquor was not found in his possession. The Additional Public Prosecutor opposed his request for anticipatory bail. The court examined the factual submissions and noted that the liquor was not recovered from the petitioner's physical possession, and that he had a clean antecedent. Consequently, the court directed that the petitioner be released on bail upon surrender, subject to a bond and sureties, and the conditions of Section 438(2) of the CrPC and Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner who is not named in the FIR but is alleged to be involved in illegal liquor trade
  • Whether the recovery of illicit liquor constitutes sufficient grounds for denial of bail when the petitioner did not have physical possession

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • possession
  • FIR
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40762 of 2026
                       Arising Out of PS. Case No.-1246 Year-2024 Thana- DANAPUR District- Patna
                 ======================================================
                 Dhirendra Kumar Son of Dharmendra Kumar @ Dharmendra Kumar Singh
                 Resident of Village- Chak Chechaul Naubatpur, Ps- Naubatpur, Dist- Patna
                                                                              ... ... Petitioner
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shiv Prasad Gupta, Advocate
                 For the Opposite Party/s :       Mr.Indu Kumari Srivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   24-06-2026                    Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. The accused/petitioner is not named in the FIR

                   and apprehending his arrest in connection with Danapur P.S.

                   Case No.1246 of 2024 registered under Sections 30(a) and

                   41 of Bihar Prohibition and Excise Act, 2022.

                                3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 2582 litres of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for

                   the petitioner that the name of this petitioner appeared only

                   due to the recovery of his bike, which he had sold already to

                   one, namely, Nikesh Kumar through the sale letter before
             Patna High Court CR. MISC. No.40762 of 2026(2) dt.24-06-2026
                                                         2/2




                       the occurrence i.e. 10.12.2024. It is also submitted that

                       recovery of illicit liquor was not made from conscious

                       possession of this petitioner. Petitioner claimed clean

                       antecedent.

                                    5. Learned APP opposed the prayer of anticipatory

                       bail to the petitioner.

                                    6. In view of aforesaid factual submissions and by

                       taking note of the fact as recovery of illicit liquor prima facie

                       not appears to be made from physical possession of this

                       petitioner, accordingly, the petitioner, above-named, in the

                       event of his arrest or surrender in the court below within a

                       period of four weeks from today, is directed to be released

                       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 Special Excise Judge, Danapur in

                       connection with Danapur P.S. Case No.1246 of 2024,

                       subject to the conditions as laid down under Section 438(2)

                       of the CrPC/under Section 482(2) of the BNSS.

                                              (Chandra Shekhar Jha, J.)
aniket/-
U        T


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