Patna High Court
Dhirendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Non-Statutory (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act, 2022 — s. 30(a), 41
- Criminal Procedure Code (CrPC) — s. 438(2)
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
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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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