Patna High Court
Dharmendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner subject to specified monetary and attendance conditions.
Summary
The petitioner, Dharmendra Kumar, was arrested in connection with a case involving the seizure of 90 litres of illicit liquor and charged under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. He had been in custody since 18 April 2026 and possessed two prior criminal records. The petitioner claimed innocence and offered to donate Rs. 25,000 to a charitable organization as a condition for bail, while the State opposed the relief. The Court, after considering the seriousness of the offences, the period of custody, and the petitioner’s undertakings, allowed the bail application. The bail was granted on the condition of a Rs. 10,000 bond with two sureties, a Rs. 25,000 donation to Ramakrishna Mission, and mandatory attendance at the police station on specified Sundays, with non‑compliance leading to cancellation of bail.
Issues considered
- Whether bail should be granted to the accused under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence, custody period, and prior convictions.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 317(5)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- criminal procedure
- illicit liquor
- Section 317
- Bihar Prohibition and Excise Act
- conditions of bail
- donation
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43889 of 2026
Arising Out of PS. Case No.-100 Year-2026 Thana- PARIHAR District- Sitamarhi
======================================================
Dharmendra Kumar S/O Upendra Mahto R/V - Banauli, Ward No. - 07, P/S -
Sursand, Dist - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh
For the Opposite Party/s : Mr. Ajit Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed seeking
regular bail in connection with Parihar P.S. Case No. 100 of
2026, registered for offences punishable under Section 317(5) of
the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the
Bihar Prohibition and Excise Act.
3. As per the prosecution case, 90 liters of illicit liquor
have been recovered from vehicle in question. The petitioner is
in custody since 18.04.2026 and has two criminal antecedents.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence; rather,
he has been falsely implicated in the present case. It is further
submitted that the petitioner undertakes to donate a sum of Rs.
Patna High Court CR. MISC. No.43889 of 2026(2) dt.08-07-2026
2/3
25,000/- (Rupees Twenty-Five Thousand only) to a charitable
organization, without prejudice to his defence and without
admitting guilt.
5. Learned APP for the State has opposed the prayer
for bail.
6. Having considered the facts and circumstances of
the case, the period of custody, and the submissions advanced
on behalf of the parties, the application for bail is allowed.
7. Accordingly, the petitioner 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 the learned Court concerned where the case is
pending/successor court in connection with Parihar P.S. Case
No. 100 of 2026, subject to the following conditions:
(I). The petitioner shall deposit a sum of
Rs. 25,000/- (Rupees Twenty-Five Thousand only)
with Ramakrishna Mission Sevashrama, Swami
Vivekananda Path, Bela, Muzaffarpur, Bihar and
shall produce a valid receipt thereof before the
court below. The bail bonds shall be accepted only
after verification of the genuineness of the said
receipt.
(ii). The petitioner shall mark his
attendance at Sursand Police Station on every 1st
and 3rd Sunday of each month. In the event of
Patna High Court CR. MISC. No.43889 of 2026(2) dt.08-07-2026
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default, the bail bonds shall be liable to be
cancelled.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
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