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Patna High Court

Dharmendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                      3/3




                    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/-

U     T


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