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Patna High Court

Dhirendra Singh @ Dhirendra Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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