Patna High Court
Dharmendra Rai @ Dharmendra Kumar RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner with specified conditions.
Summary
Dharmendra Rai was arrested for possession of 100 litres of illicit country-made liquor, an offence punishable under section 30(a) of the Bihar Prohibition & Excise Act. He applied for regular bail, claiming innocence, no prior criminal record, and offering to donate Rs.25,000 to a charitable organization without admitting guilt. The State opposed the bail. The Patna High Court, after considering the facts and submissions, granted bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties, verify his clean antecedent, deposit Rs.25,000 with the Ramkrishna Mission and produce the receipt, and attend the Awtar Nagar Police Station on the first and third Sundays of each month, with non‑compliance leading to cancellation of bail. The order directs the lower court to verify the antecedent before accepting the bond.
Issues considered
- Whether bail should be granted to a person accused under section 30(a) of the Bihar Prohibition & Excise Act
- What conditions may be imposed on bail in such a case
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42261 of 2026
Arising Out of PS. Case No.-154 Year-2026 Thana- AWTARNAGAR District- Saran
======================================================
Dharmendra Rai @ Dharmendra Kumar Ray S/O Rajeshwar Rai R/O village -
Chainpurawa, P. S - Awtar Nagar, District- Saran
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hemant Kumar, Advocate
For the Opposite Party/s : Mr.Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 29-06-2026 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 section 30(a) of the Bihar Prohibition &
Excise Act.
3. The recovery is of 100 litres of illicit country-made
liquor from a motorcycle.
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 06.05.2026
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.42261 of 2026(2) dt.29-06-2026
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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
at Chapra/ concerned Court below, in connection with Awtar
Nagar P.S. Case No. 154 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.42261 of 2026(2) dt.29-06-2026
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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
Awtar Nagar Police Station, District- Saran on first and third
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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