Patna High Court
Dharmendra ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner, given the lack of incriminating material, his claim of non‑knowledge, and the period of custody already served.
Summary
The petitioner, Dharmendra Chauhan, was arrested after 48.2 litres of liquor were recovered from his auto, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, stating he had no knowledge of the liquor and that no incriminating material was found in his possession, and highlighted a lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the court considered the custody period, the petitioner’s claim of non‑knowledge, and the absence of material evidence. The court decided to grant bail, subject to a bond of Rs. 15,000 with two sureties and conditions regarding family surety and regular court appearances. The order directed release after framing of charge, if not already done, and warned of bail cancellation upon default.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- Section 103
- criminal procedure
- custody
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9510 of 2026
Arising Out of PS. Case No.-196 Year-2025 Thana- AMBA District- Aurangabad
======================================================
Dharmendra Chauhan S/o Late Ram Lal Chauhan Resident of Village-
Bishrampur, P.S.- Muffasil, District- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Mukul Kumari, Advocate
For the Opposite Party/s : Mr. Braj Kishore Pd.(App)
======================================================
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 Amba
P.S. Case No. 196 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 48.2 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
no concern with the alleged recovery of liquor. Learned counsel
Patna High Court CR. MISC. No.9510 of 2026(2) dt.12-02-2026
2/3
for the petitioner also submitted that the petitioner is owner of
the auto in question and has got no knowledge with regard to the
nature of goods loaded in the vehicle. The petitioner is in
custody since 29.12.2025 and has got one criminal antecedent in
which he is on bail. 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 Amba P.S. Case No. 196 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
consecutive dates, the Trial Court will have liberty to cancel the
Patna High Court CR. MISC. No.9510 of 2026(2) dt.12-02-2026
3/3
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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