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Patna High Court

Dharmendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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/-
U       T


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