Created by Fuzzy Cloud

Patna High Court

Dharmendra GuptaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.