Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44087 of 2026 Arising Out of PS. Case No.-302 Year-2026 Thana- JAKKANPUR District- Patna ====================================================== Dharmendra Kumar, son of Babu Chandra Yadav @ Babu Chand Yadav, Resident Of Village- Beldarichak, Police Station- Gaurichak, District -Patna Present address- Resident of village- Ranipur, P.S- Mehadiganj, DistrictPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 08-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Jakkanpur P.S. Case No. 302 of 2026, registered for the alleged offence under Section 30(a) of the Bihar Prohibition & Excise Act.

3. As per prosecution case, the petitioner was found sitting in a vehicle from which 881.280 liters of illicit foreign liquor was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the person/possession of the petitioner. The petitioner is neither the

Patna High Court CR. MISC. No.44087 of 2026(2) dt.08-07-2026 2/3 owner of the vehicle nor has any concern with the seized liquor. The petitioner was not aware about the liquor kept in the vehicle. The petitioner is in custody since 29.03.2026 and is having clean antecedent. The charge sheet has been submitted. The co-accused Rakesh Rai @ Tippu has been granted bail by the learned Coordinate Bench of this Court vide order dated 18.06.2026 passed in Cr. Misc. No.39321/2026.

5. Learned APP for the State opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the nature of allegation against the petitioner and further considering the submission of charge sheet against the petitioner, his period of custody and his clean antecedent, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-II, Patna/court concerned in connection with Jakkanpur P.S. Case No. 302 of 2026, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of

Patna High Court CR. MISC. No.44087 of 2026(2) dt.08-07-2026 3/3 the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T