Patna High Court
Dhirendra Singh @ Dhirendra Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties, and verification of antecedents, with confirmation contingent on the outcome of that verification.
Summary
The petitioner, Dhirendra Singh, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, alleging recovery of 1,305 litres of liquor from a pickup vehicle. He contended that he was not caught in possession, was not the vehicle's owner, and was implicated solely on a confessional statement made by a third person, Sonu, while in police custody, which he argued lacks evidentiary value. The State opposed the bail, citing the petitioner’s extensive criminal antecedents—18 prior cases, 14 under the Excise Act. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.90,000 with two sureties and directed the trial court to verify the petitioner’s antecedents. The order stipulated that if more than eighteen prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise (Amendment) Act.
- Whether a confessional statement made by a third person in police custody can form the basis for implicating the petitioner.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- criminal antecedents
- Bihar Prohibition and Excise Act
- Section 482(2) of B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10767 of 2026
Arising Out of PS. Case No.-74 Year-2025 Thana- KALYANPUR District- Samastipur
======================================================
Dhirendra Singh @ Dhirendra Kumar Singh S/o Raj Kumar Singh @ Raj
Kumar Sinha Resident of Village- Mandaidih, PS- Patepur, Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satish Kumar Sinha
For the Opposite Party/s : Mr. Suresh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-02-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 30(a) and
41(1) of Bihar Prohibition and Excise (Amendment) Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of 18 cases, out of which, 14 cases are
under the Excise Act and allegation is of recovery of 1305 litres
of liquor from a pick up vehicle. It is next submitted that
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of
the seized vehicle and he came to be implicated based on
confessional statement of Sonu in police custody which does not
have any evidentiary value. It is also submitted that once an
Patna High Court CR. MISC. No.10767 of 2026(2) dt.23-02-2026
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accused is implicated in a case relating to excise, the police
starts implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation. It is next submitted that earlier
also the petitioner came to be implicated in a similar manner.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.90,000/- (Rupees ninety thousand) with two sureties of the
like amount each to the satisfaction of the learned trial court
where the case is pending/successor court in connection with
Kalyanpur P.S. Case No.74/2025, subject to the conditions as
laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
eighteen cases, in that event, it would be presumed that
petitioner had concealed his antecedent before this court, as
Patna High Court CR. MISC. No.10767 of 2026(2) dt.23-02-2026
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such, the provisional anticipatory bail order shall not be
confirmed but if on verification it is found that petitioner hasn
antecedent of 18 cases, in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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