Patna High Court
Dhiraj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted subject to verification of the petitioners' antecedents and compliance with the conditions imposed under Section 482(2) of the BNSS.
Summary
The petitioners, Dhiraj Kumar and Indal Sahni, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 120 litres of liquor and 3000 litres of raw Jawa Mahua solution near the Gandak river. They argued they have clean antecedents, the seized items were not in their possession, and the location does not belong to them, alleging they were implicated by a hostile chowkidar. The State opposed the bail. The High Court, after hearing both sides, granted provisional anticipatory bail on the condition of furnishing bail bonds and sureties, subject to verification of the petitioners' criminal antecedents under Section 482(2) of the BNSS. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act
- Whether the petitioners' claim of clean antecedent justifies anticipatory bail
- Whether the alleged seizure of liquor and raw Jawa Mahua solution, not being in the petitioners' possession, negates the basis for arrest
- Whether the court may impose conditions under Section 482(2) of the BNSS while granting anticipatory bail
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- liquor seizure
- clean antecedent
- provisional bail
- criminal procedure
Judgment
pIN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11843 of 2026
Arising Out of PS. Case No.-497 Year-2025 Thana- KANTI District- Muzaffarpur
======================================================
1. Dhiraj Kumar S/O Indal Sahni R/O Village- Ramnath Dhamauli, P.S- Kanti,
Distt.- Muzaffarpur.
2. Indal Sahni S/O Chhatu Sahni R/O Village- Ramnath Dhamauli, P.S- Kanti,
Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-02-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 120 liters of liquor from a place near bank of
Gandak river along with 3000 raw Jawa Mahua solution which
destroyed at the spot.
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
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was recovered from their conscious possession and even alleged
recovery is from a place which does not belong to the
petitioners and is accessible to villagers at large and they came
to be implicated at the instance of Chowkidar with whom they
are on an inimical term.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender before the learned Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
500/- (Rupees Five Hundred) each 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 Kanti
P.S. Case No. 497 of 2025 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioners and
in the event if it is found that any of the petitioners have
antecedent of even one case then it would be presumed that
petitioners, for the purposes of seeking anticipatory bail, had
Patna High Court CR. MISC. No.11843 of 2026(2) dt.24-02-2026
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concealed their antecedent before this Court, as such, the
provisional anticipatory bail order shall not be confirmed, but
after verification if it is found that petitioners are persons with
clean antecedent in that event the provisional anticipatory bail
order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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