Patna High Court

Dharmendra SinghversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023, subject to stipulated conditions.

Summary

The petitioner, Dharmendra Singh, feared arrest in an excise case involving 80 litres of liquor allegedly recovered from his vehicle, under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, had no knowledge of the goods, no criminal antecedent, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed his request for anticipatory bail. The Court examined whether anticipatory bail could be granted under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 despite the pending case. Finding no prima facie case against the petitioner and noting the lack of statutory compliance, the Court ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.15,000 with two sureties, subject to the conditions of Section 482(2). The order was conditioned on the petitioner surrendering within six weeks if arrested.

Issues considered

Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 in the present excise case.
Whether the prosecution’s failure to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 precludes the issuance of a warrant or arrest.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
excise law
liquor seizure
Section 30(a)
Section 103
Section 482(2)
bail conditions
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87615 of 2025
                       Arising Out of PS. Case No.-333 Year-2025 Thana- Excise P.S. District- Rohtas
                 ======================================================
                 Dharmendra Singh S/o Late Ram Nagina Singh R/c- Village- Dhankarha, P.S-
                 Sasaram M, District- Rohtas.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Ashutosh Tripathy, Adv.
                 For the Opposite Party/s :         Mr. Rajendra Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   15-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                           2.      The petitioner apprehends his arrest in connection

                   with Excise Case No. 778 of 2025 arising out of Excise Sasaram

                   P.S. Case (FIR) No. 333 of 2025, instituted for the offences

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                           3.      The prosecution case, in short, is that total 80 litres

                   of liquor was recovered from Tempoo.

                           4.      Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case.

                   The name of the petitioner transpired as being the owner of the

                   said vehicle in question and he has no knowledge regarding the

                   goods loaded in the vehicle. The petitioner has got no concern
           Patna High Court CR. MISC. No.87615 of 2025(2) dt.15-01-2026
                                                       2/2




                     with the alleged recovery of liquor. Learned counsel for the

                     petitioner, therefore, contends that prima-facie no case is made

                     out against the petitioner. The petitioner 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, let the petitioner above named, in the event of

                     arrest/surrender before the learned Court below within a period

                     of six weeks from today, be released on anticipatory bail on

                     furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Excise Case No. 778

                     of 2025 arising out of Excise Sasaram P.S. Case (FIR) No. 333

                     of 2025 subject to the conditions as laid down under Section

                     482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-
U      T

Continue reading with your account

Checking your session…