Patna High Court
Dharmendra SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner subject to bond and conditions.
Summary
The petitioner, Dharmendra Singh, was arrested on 8 November 2025 after 755 litres of liquor were recovered from his auto, and he was charged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was merely the driver‑owner of the vehicle, had no knowledge of the contraband, and that no incriminating material was found in his possession, also noting the absence of any criminal antecedent. The State opposed bail, while the petitioner argued that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, had not been complied with, further supporting his claim of innocence. The Court examined the facts, the length of custody, and the lack of direct evidence against the petitioner, concluding that these circumstances warranted the grant of bail. Accordingly, the Court ordered bail on the condition of a Rs.15,000 bond with two sureties and specific compliance requirements. The bail was to be released after framing of charge, if not already done, subject to the stipulated conditions.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, justifies denial of bail.
Legislation cited
Subjects
- bail
- excise
- liquor seizure
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- driver liability
- Section 30(a)
- Section 103
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91149 of 2025
Arising Out of PS. Case No.-912 Year-2025 Thana- Excise P.S. District- Nawada
======================================================
Dharmendra Singh S/o- Late Mugeshar Singh Resident of Village- Kusumhar
Police Station- Wazirganj, Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kshem Sharma, Advocate
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, 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
Nawada Excise P.S. Case No. 912 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 755 liters
liquor was recovered from auto and the petitioner was arrested
on 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
Patna High Court CR. MISC. No.91149 of 2025(2) dt.19-01-2026
2/3
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submits that the petitioner is driver-cum-
owner of the vehicle in question and he has got no knowledge
with regard to the nature of goods loaded in his vehicle. The
petitioner is in custody since 08.11.2025 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 after framing
of charge, if not already framed, 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 Nawada Excise P.S. Case No. 912 of
2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
Patna High Court CR. MISC. No.91149 of 2025(2) dt.19-01-2026
3/3
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
Checking your session…