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Patna High Court

Dharmendra KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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 If any antecedent is discovered, the bail may be withdrawn; otherwise, the provisional order will be confirmed.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

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
                                            2/3




          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
                                                          3/3




                        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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