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Patna High Court

Dharmendra KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail, subject to verification of the petitioner’s antecedent, under Section 482(2) of the BNSS.

Summary

The petitioner, Dharmendra Kumar, sought anticipatory bail after being implicated in a case under Sections 30(a) and 32(3) of the Bihar Excise Act for allegedly possessing 42.225 litres of liquor recovered from his joint family house. He argued that he had no conscious possession, the liquor was part of joint family property, and the only evidence was a confessional statement by his mother made while in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending the allegations were sufficient to deny anticipatory relief. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and conditioned the order on verification of the petitioner’s criminal antecedent by the trial court. If any antecedent is found, the bail will not be confirmed; otherwise, it will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted in a case of alleged possession of liquor under the Bihar Excise Act where the accused claims lack of conscious possession and reliance on a custodial confession of a family member.

Legislation cited

Subjects

  • anticipatory bail
  • possession
  • excise law
  • confessional statement
  • joint family property
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16041 of 2026
                  Arising Out of PS. Case No.-434 Year-2025 Thana- EXCISE SHERGHATI District- Gaya
                 ======================================================
                 Dharmendra Kumar S/o Late Jagdeo Paswan R/o Village - Babhandeo P.S.-
                 Barachatti District -Gaya ji

                                                                                  ... ... Petitioner
                                                      Versus
           1.    The State of Bihar
           2.    The State of Bihar, Patna High Court

                                                         ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pushp Raj Singh, Advocate
                 For the Opposite Party/s :      Mr. Abhay Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-03-2026                     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

                   32(3) of the Bihar Excise Act.

                                   3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 42.225 liters of liquor from house of the petitioner.

                                   4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and the house in

                   question is a joint family property, as such, it cannot be alleged

                   with certainty that it was petitioner who had kept the liquor in
Patna High Court CR. MISC. No.16041 of 2026(2) dt.17-03-2026
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          the house or the liquor kept in the house was within his

          knowledge and after amendment in the Excise Act in the year

          2018, the concept of deemed possession and presumed offender

          has been done away with and he came to be implicated based on

          the confessional statement of his mother in police custody

          which does not have any evidentiary value. It is further

          submitted that no mother would implicate her own son until

          forced.

                            5. Learned A.P.P. for the State opposes the prayer

          for anticipatory bail of the petitioner.

                            6. Considering the submissions made by the

          learned counsel for the petitioner, the petitioner above-named, in

          the event of his arrest or surrender within a period of six weeks

          from today, be released on Provisional anticipatory bail on

          furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) 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 Excise Sherghati P.S. Case No. 434 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 petitioner and
           Patna High Court CR. MISC. No.16041 of 2026(2) dt.17-03-2026
                                                       3/3




                     in the event if it is found that petitioner has antecedent of even

                     one case then it would be presumed that petitioner, for the

                     purposes of seeking anticipatory bail, had concealed his

                     antecedent before this Court, as such, the provisional

                     anticipatory bail order shall not be confirmed, but after

                     verification if it is found that petitioner is a person with clean

                     antecedent, in that event the provisional anticipatory bail order

                     shall be confirmed forthwith.



                                               (Satyavrat Verma, J)
Gaurav Sinha/-

U      T


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