Patna High Court
Dharmendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court held that the petitioner is entitled to bail, subject to the conditions prescribed under Section 480(3) of the B.N.S.
Summary
The petitioner, Dharmendra Kumar, was arrested on 31 May 2026 for allegedly transporting 189 litres of country-made liquor in a Mahindra Magic vehicle, alleged offences under Sections 274 and 275 of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was merely a passerby, not the owner of the vehicle or the liquor, and that he had been falsely implicated. The petitioner also highlighted his clean antecedent and the short period of custody. The State opposed bail, arguing the seriousness of the offences. The Court, after considering the facts, the petitioner’s clean record, and the nature of the recovery, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the B.N.S. and other stipulations. The bail order required the petitioner to appear before the trial court as directed and imposed cancellation provisions for non‑compliance.
Issues considered
- Whether the petitioner is entitled to bail for offences under Sections 274 and 275 of the B.N.S., 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s claim of non‑ownership of the vehicle and liquor, together with his clean antecedent, justifies the grant of bail.
- How Section 480(3) of the B.N.S. applies in imposing conditions on the bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 274, 275, 480(3)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- excise
- liquor trafficking
- Section 274 B.N.S.
- Section 275 B.N.S.
- Section 30(a) Bihar Prohibition and Excise Act
- clean antecedent
- Section 480(3) B.N.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42999 of 2026
Arising Out of PS. Case No.-62 Year-2026 Thana- ANDHRAMATH District- Madhubani
======================================================
Dharmendra Kumar Son of Lal Bahadur Yadav, Resident of village -
Andharamath, Police Station - Andharamath, District - Madhubani.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Andharamath P.S. Case No. 62 of 2026 dated
31.05.2026, registered for the offences punishable under
Sections 274 and 275 of the B.N.S., 2023 and Section 30(a) of
the Bihar Prohibition and Excise Act.
3. As per the prosecution case, petitioner was
apprehended transporting 189 litres of country made liquor in
his Mahindra Magic vehicle.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and he has falsely
been implicated in the present case. Petitioner is neither owner
of seized vehicle in question nor he has any concern with the
seized liquor. Petitioner was apprehended on the basis of
Patna High Court CR. MISC. No.42999 of 2026(2) dt.01-07-2026
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suspicion as he was merely a passerby at the place of occurrence
where the miscreants fled away leaving behind their vehicles.
Learned counsel next submits that petitioner is having clean
antecedent. Learned counsel lastly submits that petitioner is in
custody since 31.05.2026.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
clean antecedent of the petitioner, his period of custody and the
nature of recovery, the petitioner, above-named, is directed to be
released on bail, on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand Only) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Judge (Excise), Jhanjharpur / concerned Court, in connection
with Andharamath P.S. Case No. 62 of 2026, subject to the
condition laid down under Section 480(3) of the B.N.S.S. and
other following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
Patna High Court CR. MISC. No.42999 of 2026(2) dt.01-07-2026
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trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
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