Patna High Court
Dharmendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
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
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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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