Dharmendra Rai @ Dharmendra Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17102 of 2026 Arising Out of PS. Case No.-25 Year-2026 Thana- AKILPUR District- Saran ====================================================== Dharmendra Rai @ Dharmendra Kumar Ray S/o Vakil Ray @ Wakil Rai R/o vill- Harsam Chak/ Bada Harsam Chak, P.S- Akilpur, Distt.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 17-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Akilpur P.S. Case No. 25 of 2026 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution, in short, is that from a semi manufactured temple, altogether 90 liters of country made liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that from perusal of the seizure list, it is clear that the recovery was not made from the possession of this

Patna High Court CR. MISC. No.17102 of 2026(2) dt.17-03-2026 2/2 petitioner rather the recovery was made from an open place. Nothing has been recovered from the possession of this petitioner. He also submits that the witnesses of the seizure list are police personnel and the police has not complied with Section 105 of the BNSS while making the seizure. Moreover, the petitioner is languishing in judicial custody since 08.02.2026.

5. The application for bail is opposed by learned APP for the State and submits that the petitioner is having criminal antecedent of two cases of similar nature.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail with the condition that the petitioner shall not indulge in similar nature of offences in future. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise-I, Saran at Chapra in connection with Akilpur P.S. Case No. 25 of 2026. (Ashok Kumar Pandey, J) Sudhanshu/- U T