Patna High Court
Dharmendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioners subject to bond, sureties and verification of criminal antecedent.
Summary
The petitioners, Dharmendra Kumar and Vikash Kumar, were implicated in an FIR under Sections 30(a) and 30(d) of the Bihar Excise Act for the alleged recovery of 75 litres of liquor from a public place in Hajaratpur. They contended that they have a clean antecedent, were not arrested at the spot, and that the complaint was filed by a hostile chowkidar, raising doubts about the prosecution's case. The State opposed their request for anticipatory bail. The High Court, after considering the submissions, ordered provisional anticipatory bail on the condition that each petitioner furnish a bail bond of Rs. 500 with two sureties of the same amount, and that the trial court verify their criminal antecedent. If any antecedent is discovered, the bail may be withdrawn; otherwise, the provisional order will be confirmed. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bihar Excise Act offences.
- Whether the petitioners have a clean criminal antecedent that justifies anticipatory bail.
- Whether the FIR is maintainable given the circumstances of the alleged recovery.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- clean antecedent
- FIR
- liquor seizure
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17769 of 2026
Arising Out of PS. Case No.-8 Year-2026 Thana- NARHATT District- Nawada
======================================================
1. Dharmendra Kumar Son of Ganauri Chauhan R/o Vill. - Hajaratpur, P.S. -
Narhat, Dist. - Nawada.
2. Vikash Kumar Son of Ganauri Chauhan R/o Vill. - Hajaratpur, P.S. - Narhat,
Dist. - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Verma
For the Opposite Party/s : Mr.Sanjay Kumar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-03-2026 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 Sections 30(a) and
30(d) of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that the
petitioners are person with clean antecedent and allegation is of
recovery of 75 litres of liquor from gallons at village Hazratpur.
4. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
recovered from their conscious possession and even the alleged
recovery is from a place which does not belong to the
Patna High Court CR. MISC. No.17769 of 2026(2) dt.19-03-2026
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petitioners and is accessible to public at large and they came to
be implicated at the instance of Chowkidar with whom they are
on an inimical term. It is next submitted that if Chowkidar was
aware about the involvement of the petitioners in the
occurrence, then why he did not inform the police prior to
institution of the instant FIR, which casts an aspersion on the
case of the prosecution, when petitioners admittedly are a
person with clean antecedent.
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 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 Narhat P.S. Case No. 8 of 2026, subject to
the conditions as laid down under Section 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 petitioners have antecedent of even one
Patna High Court CR. MISC. No.17769 of 2026(2) dt.19-03-2026
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case then it would be presumed that petitioners, for the purposes of
seeking anticipatory bail, had concealed their antecedent before
this Court, as such, the provisional anticipatory bail order shall not
be confirmed with respect to that petitioner who had concealed his
criminal antecedent before this Court, but after verification if it is
found that petitioners are person with clean antecedent in that
event the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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