Patna High Court
Dharmendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of his criminal antecedent.
Summary
The petitioner, Dharmendra Kumar, owner of a truck, was implicated in the recovery of 66 litres of liquor from his vehicle under the Bihar Prohibition and Excise (Amendment) Act, 2022. He argued that he had a clean antecedent, was not present at the spot of seizure, and that the driver and cleaner had acted without his knowledge. The State opposed his application for anticipatory bail. The Court considered the submissions and, under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic and Smuggling (BNSS) Act, granted provisional anticipatory bail subject to a modest bond and two sureties, with a six‑week window for surrender. The order also directed the trial court to verify the petitioner’s criminal antecedent; if any prior case is found, the bail may be revoked, otherwise it will be confirmed. The decision balances the petitioner’s claim of innocence with the State’s interest in enforcing prohibition laws.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case involving alleged possession of liquor under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s alleged lack of knowledge and clean antecedent justify the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic and Smuggling (BNSS) Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- Bihar Prohibition Act
- clean antecedent
- vehicle owner liability
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9938 of 2026
Arising Out of PS. Case No.-7 Year-2026 Thana- CHERIYA BARIYARPUR District-
Begusarai
======================================================
Dharmendra Kumar Son of Harilal Mahto Resident of Village- Ekdara Ward
No. 03, P.S.- Bibhutipur, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Yogesh Kumar, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-02-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 30(a),
41(1) And 41(2) of the Bihar Prohibition and Excise
(Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 66 litres of liquor from a truck.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner came to be implicated based on the fact that he is
owner of the seized vehicle. It is next submitted that no prudent
Patna High Court CR. MISC. No.9938 of 2026(2) dt.23-02-2026
2/3
person would use his own vehicle for committing an occurrence
and thus would create evidence against himself and hence
would get implicated and at the same time shall bring disrepute
to his business. It is also submitted that petitioner was
completely unaware that his driver and cleaner (khalasi) would
misuse the vehicle in the manner as alleged who also fled from
the spot.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, let the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.500/- (Rupees Five Hundred) with
two sureties of the like amount each to the satisfaction of the
learned trial court where the case is pending/successor court in
connection with Cheriya Bariyarpur P.S. Case No. 07 of 2026,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C./482(2) of the BNSS.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of even one case, it
Patna High Court CR. MISC. No.9938 of 2026(2) dt.23-02-2026
3/3
would be presumed that petitioner had concealed his antecedent
before this Court at para 3 of the anticipatory bail application in
that event the provisional anticipatory bail order shall not be
confirmed but if it is found on verification that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.