Patna High Court
Dharmendra GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, finding no sufficient ground to deny release.
Summary
The petitioner, Dharmendra Gupta, was arrested after 109.2 liters of Nepali liquor were recovered from a motorcycle, and he was charged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was merely a passerby, not the owner of the vehicle, and that no incriminating material was found in his possession; he also highlighted his poverty, lack of prior criminal record, and alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application, arguing the seriousness of the offence. The Court, considering the circumstances, the length of custody since 5 December 2025, and the petitioner's personal background, decided to grant bail. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Bharatiya Nagarik Suraksha Sanhita
- Section 103
- criminal procedure
- low‑income accused
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7802 of 2026
Arising Out of PS. Case No.-312 Year-2025 Thana- SONBERSA District- Sitamarhi
======================================================
Dharmendra Gupta S/o Ram Babu Sah @ Ram Babu Prasad R/o vill-
Hanuman Nagar, ward no. 8, P.s- sonbersa, Distt- sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Devendra Kumar, Advocate
For the Opposite Party/s : Ms.Asha Devi, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Sonbarsa P.S. Case No. 312 of 2025, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 109.2
liters of Nepali liquor was recovered from motorcycle.
Petitioner was arrested on the spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. The petitioner is
Patna High Court CR. MISC. No.7802 of 2026(2) dt.10-02-2026
2/2
not the owner of the vehicle rather he was passersby of the way
and has become victim of circumstances. Petitioner is very poor
man and days labourer. The petitioner is in custody since
05.12.2025 and has got no criminal antecedent. There is no
compliance of Section 103 of the Bharatiya Nagarik 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 and 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 Sonbarsa P.S. Case
No. 312 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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