Patna High Court
Peldar @ Dharmendra Kumar Ray @ Dharmendra RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to monetary and personal conditions.
Summary
The petitioner, Peldar @ Dharmendra Kumar Ray, was arrested in connection with a case involving the seizure of 453 litres of liquor and charged under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. The petitioner claimed false implication, stating no incriminating article was found in his possession and that a co‑accused had named him. He has seven prior criminal antecedents, and the State opposed his bail. The court noted that a co‑accused had already been granted bail and that there was no compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. After considering the circumstances, the court inclined to grant bail, ordering a bond of Rs.15,000 with two sureties and imposing standard bail conditions. The bail was granted subject to these conditions.
Issues considered
- Whether the petitioner is entitled to bail despite having seven prior criminal antecedents and alleged involvement in the liquor seizure under the Bihar Prohibition and Excise Act.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, precludes the grant of bail.
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- Bharatiya Nagarika Suraksha Sanhita
- liquor seizure
- criminal antecedents
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9502 of 2026
Arising Out of PS. Case No.-521 Year-2025 Thana- DALSINGHSARAI District- Samastipur
======================================================
Peldar @ Dharmendra Kumar Ray @ Dharmendra Ray S/O Late Ram Ratan
Ray @ Ram Ratan Ray@ Late Ratan Ray Resident of Vill- Bajidpur Gado,
Gaddo Bajitpur, Basaria, PO- Dalsinghsarai, P.S.- Dalsinghsarai, District-
Samastipur, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Keshav Bhardwaj, Advocate
For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Dalsingsarai P.S. Case No. 521/2025 instituted for the offences
punishable under Sections 30(a) and 41(1) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 453
litres of liquor was recovered from behind the house of co-
accused.
4. Learned counsel for the petitioner submitted that
the petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
Patna High Court CR. MISC. No.9502 of 2026(2) dt.12-02-2026
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that petitioner is in no manner connected with the vehicle in
question or with the alleged recovery of liquor. The petitioner is
in custody since 01.01.2026 and has seven criminal antecedents.
The apprehended co-accused disclosed the name of petitioner.
Learned counsel for the petitioner further submits that other co-
accused has been granted bail by this Bench vide order dated
10.02.2026 passed in Cr. Misc. No. 7653 of 2026. 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 as also 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 Dalsingsarai P.S. Case No. 521/2025,
subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
Patna High Court CR. MISC. No.9502 of 2026(2) dt.12-02-2026
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(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
(IV) The Petitioner shall not commit offence of a
similar nature in future.
(V) The Petitioner shall not leave the territorial
jurisdiction of the learned court below without prior permission
of the court concerned.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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