Dharmendra Kumar @ Dara v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89585 of 2025 Arising Out of PS. Case No.-291 Year-2025 Thana- BHAGWANPUR District- Begusarai ====================================================== Dharmendra Kumar @ Dara Son of Indradev Ray @ Indradev Rai @ Indradev Yadav @ Indradeo Yadav R/o Village - Chandaur, Ward No. 10, P.S. - Bhagwanpur, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bhagwanpur PS Case No. 291 of 2025 instituted for the offences under Section/s 30(a), 30(c), 30(d), 35(a) & 36 of the Bihar Prohibition and Excise Act and Sections 275, 286, 3(5) & 274 of the Bharatiya Nyaya Sanhita, 2023.

3.

The prosecution case, in short, is that 50.2 liters liquor was recovered from behind the house of co-accused person.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.89585 of 2025(2) dt.19-01-2026 2/2 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that recovery is from the house of the co-accused person and the petitioner has no concern with the same. The petitioner is in custody since 28.11.2025 and has got one criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023. 5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bhagwanpur PS Case No. 291 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T