Patna High Court
Dharmendra Kumar @ DaraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Dharmendra Kumar, was arrested in connection with a case involving the recovery of 50.2 litres of liquor from the house of a co‑accused and charged under several provisions of the Bihar Prohibition and Excise Act and the Bharatiya Nyaya Sanhita, 2023. The petitioner contended that he had no conscious possession of the liquor, that no incriminating material linked him to the seizure, and that the prosecution had not complied with Section 103 of the BNSS. The State opposed bail, citing the seriousness of the offences and the petitioner’s prior criminal antecedent. After considering the facts, the court found the petitioner’s claim of non‑involvement credible and noted the lack of material against him. Consequently, the court granted bail on the condition of a Rs.15,000 bond and two sureties of equal amount.
Issues considered
- Whether bail should be granted to the petitioner despite the charges under the Bihar Prohibition and Excise Act and the Bharatiya Nyaya Sanhita, 2023.
- Whether the prosecution has complied with the procedural requirements of Section 103 of the BNSS.
- Whether the petitioner’s prior criminal antecedent warrants denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 274, 275, 286, 3(5)
Subjects
- bail
- prohibition and excise
- Bharatiya Nyaya Sanhita
- criminal procedure
- liquor seizure
- prior antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89585 of 2025
Arising Out of PS. Case No.-291 Year-2025 Thana- BHAGWANPUR District- Begusarai
======================================================
Dharmendra Kumar @ Dara Son of Indradev Ray @ Indradev Rai @
Indradev Yadav @ Indradeo Yadav R/o Village - Chandaur, Ward No. 10, P.S.
- Bhagwanpur, District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Bhagwanpur PS Case No. 291 of 2025 instituted for the
offences under Section/s 30(a), 30(c), 30(d), 35(a) & 36 of the
Bihar Prohibition and Excise Act and Sections 275, 286, 3(5) &
274 of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that 50.2 liters
liquor was recovered from behind the house of co-accused
person.
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
Patna High Court CR. MISC. No.89585 of 2025(2) dt.19-01-2026
2/2
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
that recovery is from the house of the co-accused person and the
petitioner has no concern with the same. The petitioner is in
custody since 28.11.2025 and has got one criminal antecedent/s.
There is no compliance of Section 103 of the BNSS, 2023.
5. Learned A.P.P. 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/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bhagwanpur PS
Case No. 291 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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