Patna High Court
Girdhari Bhagat @ Dhir DhariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
Girdhari Bhagat, the owner of a tempo, was arrested in connection with Bypass Police Station Case No. 296/2020 for allegedly transporting 200 litres of liquor, an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution’s case is based solely on the recovery of the liquor from the vehicle, with no incriminating article found in the petitioner’s conscious possession. The petitioner contended that he was falsely implicated, had no knowledge of the goods, possessed no prior criminal record, and had been in custody since 9 December 2025. The State opposed bail, while the petitioner’s counsel highlighted the lack of direct evidence and the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Considering the circumstances, the Court inclined to grant bail, directing the petitioner to furnish a bail bond of Rs. 15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the bail decision
Legislation cited
Subjects
- bail
- prohibition law
- excise
- false implication
- vehicle owner
- criminal procedure
- Section 30
- Section 103
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5108 of 2026
Arising Out of PS. Case No.-296 Year-2020 Thana- BYPASS District- Patna
======================================================
Girdhari Bhagat @ Dhir Dhari S/O Raj Kishore Bhagat R/O Rajendra Nagar
Haryali Sabzi Mandi, Under Rajendra Nagar Bridge, P.O- Lohiya Nagar, P.S.-
Chitragupta Nagar, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saifur Rahman, Advocate
For the Opposite Party/s : Mr. Md. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Bypass
P.S. Case No. 296/2020 instituted for the offences punishable
under Sections 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 200 litres
of liquor was recovered from tempo.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that the name of the petitioner has transpired in this case merely
as being the owner of the vehicle in question and he had no
Patna High Court CR. MISC. No.5108 of 2026(2) dt.29-01-2026
2/2
knowledge regarding the goods loaded in the vehicle. The
petitioner is in custody since 09.12.2025 and has no criminal
antecedent. There is no compliance of Section 103 of the
Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bypass P.S. Case No.
296/2020.
(Rudra Prakash Mishra, J)
atul/-
U T
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