Dhanik Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11009 of 2026 Arising Out of PS. Case No.-73 Year-2026 Thana- CHAPRA TOWN District- Saran ====================================================== Dhanik Kumar Son of Hulash Rai Resident of Village - Purbi Rauja, P.S.- Chapra Nagar, District - Saran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the State :

Mrs. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-04-2026 Heard Mr. Alok Kumar Alok, learned counsel for the petitioner and Mrs. Veena Kumari Jaiswal, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 24.01.2026, in connection with Chapra Town P.S. Case No. 73 of 2026, F.I.R. dated 23.01.2026 registered for the offences punishable under Sections 112(2) of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act.

3. Recovery is of 151.695 litres of English liquor.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioner

Patna High Court CR. MISC. No.11009 of 2026(3) dt.02-04-2026 2/3 rather recovery has been made from the joint house property of the petitioner and altogether 151.695 litres of English liquor was recovered. He further submits that the petitioner is not the absolute owner of the house in question rather the house in question is the joint house property of the petitioner and there is non-compliance of Sections 103 and 105 of BNSS, 2023 and the petitioner is in custody since 24.01.2026.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent and nothing has been recovered from the conscious possession of the petitioner and there is non-compliance of Sections 103 and 105 of the BNSS, 2023, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-1, Saran at Chapra in connection with Chapra Town P.S. Case No. 73 of 2026, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court

Patna High Court CR. MISC. No.11009 of 2026(3) dt.02-04-2026 3/3 and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T