Allowed¶19

Dharmendra Kumar v. The State of Bihar

Patna HC1 Jun 2026CR. MISC./36021/2026

Case brief

AI extract

What is this about?

Patna High Court anticipatory bail, CR. MISC. No. 36021 of 2026, decided 01-06-2026 by Dr. Anshuman, J. Section 30(a) Bihar Prohibition and Excise (Amendment) Act 2022; Tekari PS Case 274/2025 (FIR 12.06.2025); illicit liquor recovery 144.750 litres, 66.750 litres from Maruti vehicle BR01DC-0889 at co-accused's house; vehicle-owner/lent-car defence; clean antecedents; bail bond Rs. 30,000 under S. 2(1)(d) BNSS 2023; conditions under S. 482(2) BNSS 2023; Exclusive Special Excise Court No.-2, Gayaji.

What did the court decide?

Anticipatory bail: petitioner to be released on bail in the event of arrest or surrender before the Trial Court within four weeks, on furnishing bail bond of Rs. 30,000 under Section 2(1)(d) BNSS 2023 to the satisfaction of the Exclusive Special Excise Court No.-2, Gayaji, subject to conditions under Section 482(2) BNSS 2023.

Dharmendra Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶19

Issue for consideration

Whether the petitioner, apprehending arrest in Tekari P.S. Case No. 274/2025 under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, is entitled to be released on anticipatory bail.

¶14

Court's answer

Petitioner directed to be released on anticipatory bail in the event of arrest or surrender before the Trial Court within four weeks, on furnishing bail bond of Rs. 30,000 under Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 to the satisfaction of the Exclusive Special Excise Court No.-2, Gayaji, subject to conditions under Section 482(2) of the BNSS, 2023.

¶19

Ratio / Principle

Grounds for bail: nothing was recovered from the petitioner's possession; his name surfaced in the case only on the basis of the vehicle from which the alleged recovery was made; the petitioner pleaded (para-8 of the petition) that he had given his car to his friend in good faith and the friend misused it, and his antecedents are clean.

¶17

Detailed headnote1 paragraphs

Anticipatory bail (Bharatiya Nagrik Suraksha Sanhita, 2023) — Tekari P.S. Case No. 274/2025, S. 30(a) Bihar Prohibition and Excise (Amendment) Act, 2022 — alleged recovery of 144.750 litres illicit liquor, including 66.750 litres of foreign liquor from Maruti vehicle BR01DC-0889 at co-accused Satyam Kumar @ Lallu's house — nothing recovered from petitioner's possession; name surfaced only via the vehicle; petitioner's plea that he lent his car to a friend in good faith; antecedents clean (also conceded by learned APP) — petitioner unrepresented at hearing — bail granted on bond of Rs. 30,000 under S. 2(1)(d) BNSS 2023, subject to S. 482(2) BNSS 2023 conditions, to the satisfaction of Exclusive Special Excise Court No.-2, Gayaji.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36021 of 2026

¶2

Arising Out of PS. Case No.-274 Year-2025 Thana- TEKARI District- Gaya

¶3

======================================================

¶4

Dharmendra Kumar S/O Late Sarjoo Sharma R/O Mohalla- Nutan Nagar, PSCivil Line, Distt-Gaya ji.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : None For the Opposite Party/s : Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

¶10

2 01-06-2026

¶11

The Court proceeding is being conducted through

¶12

virtual mode.

¶13

Upon repeated call, none appears on behalf of the petitioners. However, learned APP for the State is present.

¶14

The petitioner who apprehends arrest in connection with Tekari, P.S. Case No. 274/2025 lodged on 12.06.2025, for the offences punishable under sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

¶15

As per the prosecution, total recovery of 144.750 Litres of illicit liquor is the subject matter of the present case. Out of which 66.750 liters illicit foreign liquor has been recovered from a Maruti vehicle bearing Registration No. BR01DC-0889 which was standing at the house of co-accused namely Satyam Kumar @ Lallu and the same was seized.

¶16

Patna High Court CR. MISC. No.36021 of 2026(2) dt.01-06-2026 2/3

¶17

From the pleading, it appears that the petitioner is innocent and has committed no offence. It further appears that nothing has been recovered from the possession of the petitioner but his name has come in this case only on the basis of the vehicle from which alleged recovery was made. It further appear that the petitioner has taken specific plea in para-8 of the petition that he has given his car to his friend in good faith but his friend has misused his car in such criminal act. Moreover, the petitioner has no concern with the alleged recovery and as per statement made in paragraph 3 of the petition, the antecedent of the petitioner is also clean.

¶18

Learned APP for the State opposes the prayer for bail but submits that antecedent of the petitioner is clean and recovery has been made from a car which belongs to the petitioner. In this regard, specific statement of the petitioner has come that he has given his car to his friend.

¶19

In the facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) as mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 to the satisfaction of the Exclusive Special Excise

¶20

Patna High Court CR. MISC. No.36021 of 2026(2) dt.01-06-2026 3/3

¶21

Court No. -2 Gayaji, in connection with Tekari, P.S. Case No. 274/2025, subject to the conditions as laid down under Section

¶22

482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

¶23

(Dr. Anshuman, J)

¶24

Ashwini/Manshi

¶25

U T

Dharmendra Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dharmendra Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Virendra Kumar Yadav Vs The State of Bihar

Sasaram Bhabhua Central Cooperative Bank Ltd. Vs The State Of Bihar and Ors.

The Bihar State Road Transport Corporation Vs The State Of Bihar and Ors.

Sunil Rai Vs The State of Bihar

Gopi Singh @ Gopi Kumar Singh Vs The State of Bihar

Gajendra Kumar @ Rajnish Kumar Vs The State of Bihar