Dharmendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35490 of 2026 Arising Out of PS. Case No.-1004 Year-2025 Thana- SONEPUR District- Saran ====================================================== Dharmendra Kumar S/o Nagina Ray R/o - Newal Tola, Sabalpur, Sonepur, P.O .- Sonepur, P.S- Sonepur District - Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shabina Talat, Advocate For the Opposite Party/s :
Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 21-05-2026 Heard the learned counsel for the petitioner and the learned APP for the State.
2. The petitioner apprehends his arrest in connection with Sonepur P.S. Case No. 1004/2025, for allegedly having committed offence under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution story, which has been lodged on the basis of the written report submitted by the informant to the effect that while he was on patrolling duty in connection with the Bihar Legislative Assembly Election 2025, he received a secret information that some persons are illegally selling country-made liquor in Sabalpur Nayaka Tola Bangra under Sonepur Police Station. To verify the authenticity of the said secret information, the informant along with the police party reached the place of occurrence for verification. On seeing the police party, several persons started fleeing away. However, upon
Patna High Court CR. MISC. No.35490 of 2026(2) dt.21-05-2026 2/3 chase, some of them were apprehended. During search, 15 plastic bags containing 225 litres of country-made liquor was recovered.
4. The learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence, rather he has been falsely implicated in the present case only on suspicion. She further submits that since the petitioner has criminal history of similar nature of cases, he has been made an accused in the present case also. She further submits that 225 litres of liquor was recovered from behind the saloon of coaccused Deepak Thakur and the name of the petitioner has transpired in the present case on the basis of the disclosure made by the local chaukidar with whom, the petitioner is on inimical terms. She further submits that the petitioner has got three other cases of similar nature in which, he is on bail.
5. Per contra, the learned APP for the State vehemently opposes the prayer for bail and submits that the petitioner is a habitual offender, having cases of similar nature and there is every probability that he will again indulge in same activity, if he will be granted the privilege of anticipatory bail.
6. Having heard the rival submissions and after going through the records, it appears that 225 litres of illegal liquor was recovered from behind the saloon of Deepak Thakur. The petitioner was not present at the place of occurrence and no
Patna High Court CR. MISC. No.35490 of 2026(2) dt.21-05-2026 3/3 recovery has been made from him. His name has transpired only on the basis of the identification made by the local chaukidar. The petitioner has got three criminal antecedents of similar nature. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of arrest or surrender within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Exclusive Special Excise Judge, Saran at Chapra, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., with further condition:
(1) The learned Court concerned 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 concerned shall take steps 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.
(Ritesh Kumar, J) Ajay/AshutoshU T