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Patna High Court

Dharmendra SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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


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