Dharmendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86112 of 2025 Arising Out of PS. Case No.-50 Year-2024 Thana- NADI District- West Champaran ====================================================== Dharmendra Kumar Son of Hari Shankar Ray Resident of Village -Sabalpur Pachhiyari Tola, PS -Sonepur District -Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Chandra Gandhi, Advocate For the Opposite Party/s :
Ms.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-12-2025 Heard Mr. Manish Chandra Gandhi, learned counsel appearing on behalf of the petitioner and Ms. Meena Singh, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Nadi P.S. Case No. 50/2024 registered for the offence(s) punishable under Sections 30(a) of the Bihar Prohibition & Excise Act as amended up-to-date.
3. As per the allegation made in the FIR, 302.40 litres of illicit liquor was recovered from a tractor.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has been falsely implicated in the case. He has no concern either with the seized liquor or trade of liquor in any manner. The petitioner is the owner of tractor but he had given his tractor to the driver
Patna High Court CR. MISC. No.86112 of 2025(2) dt.18-12-2025 2/3 and nothing incriminating has been recovered form the conscious possession of the petitioner. The petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the fact that the recovery of 302.40 litres of illicit liquor has been made from a tractor and the petitioner is the owner of the said tractor but he had given his tractor to the driver and nothing incriminating has been recovered form the conscious possession of the petitioner. The petitioner, having clean antecedent, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District Court where the case is pending / Concerned Court in connection with Nadi P.S. Case No. 50/2024, subject to the conditions as laid down under Section 482(2) of the BNSS.
7. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what
Patna High Court CR. MISC. No.86112 of 2025(2) dt.18-12-2025 3/3 has been stated in paragraph no.3 of the bail application, this order will automatically lose its force. (Purnendu Singh, J) Ashishsingh/- U T