Patna High Court
Dharmendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted as the petitioner was not found to be in conscious possession of the illicit liquor.
Summary
The petitioner, Dharmendra Kumar, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, based on the recovery of 18 litres of liquor from a motorcycle registered in his name. He contended that the motorcycle had been handed over to his brother‑in‑law at the time of the incident and that he had no conscious possession of the liquor, asserting a clean antecedent. The Additional Public Prosecutor opposed the petition for anticipatory bail. The Court examined the factual submissions and noted that the liquor was not recovered from the petitioner's direct possession. Consequently, the Court directed that the petitioner be released on anticipatory bail upon furnishing a bail bond and sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- What is the applicability of anticipatory bail under Section 438 of the CrPC to the petitioner named in the FIR?
- Whether mere ownership of a vehicle used to transport illicit liquor suffices to establish the petitioner's possession and liability under the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 438 CrPC
- vehicle ownership
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43439 of 2026
Arising Out of PS. Case No.-53 Year-2026 Thana- DIDARGANJ District- Patna
======================================================
Dharmendra Kumar Son of Ram Eakwal Rai R/O Village- Bandohpur, P.S.-
Didarganj, District- Patna
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Sudhir Kumar, Advocate
For the Opposite Party : Mr. Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 03-07-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Didarganj P.S.
Case No.53 of 2026 registered under Section 30(a) of Bihar
Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 18 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the recovery of alleged illicit liquor was
made from a motorcycle, bearing Registration No. BR01FV
Patna High Court CR. MISC. No.43439 of 2026(2) dt.03-07-2026
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9098, which was involved in carrying illegal consignment of
liquor. It is also submitted that the name of petitioner
arrayed solely for the reason that petitioner is the registered
owner of the said motorcycle. It is further argued that the
said motorcycle of petitioner was given to his borther-in-law,
namely, Bimlesh, Kumar, on the date of occurrence. 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, who is a man of clean antecedent, 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
Patna High Court CR. MISC. No.43439 of 2026(2) dt.03-07-2026
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learned Special Judge, Excise, Patna City, in connection with
Didarganj P.S. Case No.53 of 2026, 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/-
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