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Patna High Court

Dharmendra YadavversusThe State Of Bihar

Decided
Disposal
ALLOWED

Holding

The Court allowed the bail application and ordered the petitioner’s release on bail with specified bond and sureties.

Summary

The petitioner, Dharmendra Yadav, was charged under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act in Akbarpur P.S. Case No. 395 of 2025. The Patna High Court had earlier granted him bail on 24‑09‑2025, subject to verification of his antecedent. Upon verification, the lower court found the petitioner involved in two additional cases and refused to accept the bail bonds. The petitioner filed a modification application, which was dismissed as non‑maintainable, and subsequently filed the present bail application. Considering the earlier grant of bail, the Court allowed the application and ordered his release on bail with a bond of Rs.10,000 and two sureties of the same amount.

Issues considered

  • Whether the petitioner is entitled to bail despite the lower court's refusal to accept bail bonds after antecedent verification
  • Whether the modification application was maintainable

Subjects

  • bail
  • criminal procedure
  • Bihar Prohibition and Excise Act
  • antecedent verification
  • modification of bail
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87152 of 2025
                     Arising Out of PS. Case No.-395 Year-2025 Thana- AKBARPUR District- Nawada
                 ======================================================
                 Dharmendra Yadav S/O Late Jagdish Yadav R/o Vill.- Padriya, P.S.-
                 Nardiganj, Dist.- Nawada

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Shankar Kumar
                 For the Opposite Party/s :      Mr.Md. Iftekhar Mahmood
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   31-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Akbarpur P.S. Case No. 395 of 2025 registered for the offence

                   punishable under Sections 30(a) and 41 of the Bihar Prohibition

                   and Excise Act.

                                3. It has been submitted by learned counsel for the

                   petitioner that the petitioner was granted bail by this Court vide

                   order dated 24.09.2025 passed in Cr. Misc. No. 65811 of 2025

                   with a condition that his antecedent shall be verified by the

                   Court below before accepting his bail bonds but when the

                   antecedent of the petitioner was verified, he was found to be

                   involved in two more cases and therefore, the Court below has

                   not accepted the bail bonds of the petitioner. Thereafter, the
           Patna High Court CR. MISC. No.87152 of 2025(2) dt.31-01-2026
                                                       2/2




                     petitioner has moved this Court in modification vide Cr. Misc.

                     No. 75922 of 2025 but the same was dismissed vide order dated

                     21.11.2025 as it was not maintainable and therefore, the

                     petitioner has again filed the present case.

                                  4. Considering the fact that the petitioner was earlier

                     granted bail by this Court, this application is allowed.

                                  5. Let the petitioner, above named, be released on bail

                     on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

                     sureties of the like amount each to the satisfaction of the learned

                     Exclusive Special Excise Court-I, Nawada/ concerned Court in

                     connection with Akbarpur P.S. Case No. 395 of 2025.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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