Patna High Court

Dheeraj VarmaversusThe State of Bihar

Decided: 22 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail subject to bond, sureties, and verification of antecedent, with confirmation if no prior case is found.

Summary

The petitioner, Dheeraj Varma, sought anticipatory bail in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 170 litres of liquor from an auto and 180 litres from a scooty. He argued that he had a clean antecedent, was not in possession of the liquor at the time of arrest, and was implicated merely because he owned the scooty used by another individual, Golu. The State opposed the bail, contending that the seizure implicated the petitioner. The Court, considering the petitioner's clean record and lack of direct possession, granted provisional anticipatory bail conditioned on a Rs. 500 bond, two sureties, and verification of his antecedent within six weeks. The order stipulated that if any prior case is discovered, the bail would be revoked, but if the antecedent remains clean, the bail would be confirmed.

Issues considered

Whether anticipatory bail can be granted under Section 482(2) of the BNSS in a case arising under Section 30(a) of the Bihar Excise Act.
Whether ownership of a vehicle used in the alleged offence suffices to justify arrest and denial of bail.
Whether the Court may condition anticipatory bail on verification of the petitioner's criminal antecedent.

Subjects

anticipatory bail
Bihar Excise Act
Section 30(a)
Section 482(2)
clean antecedent
vehicle ownership
seizure of liquor

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18098 of 2026
                    Arising Out of PS. Case No.-189 Year-2025 Thana- MEHANDIGANJ District- Patna
                 ======================================================
                 Dheeraj Varma S/o- Rajendra Prasad Verma R/v- Sona Gopalpur Ps-
                 Gpopalpur Dist- Patna

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Abhisek Kumar
                 For the Opposite Party/s :      Mr. Chandra Bhushan Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-04-2026               1.    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 Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 170 litres of liquor from an Auto and 180 litres of

                   liquor from a scooty.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and he came to be

                   implicated based on the fact that he is owner of the seized

                   scooty. It is next submitted that no prudent person would use his
Patna High Court CR. MISC. No.18098 of 2026(2) dt.22-04-2026
                                            2/3




          own vehicle for committing an occurrence and thus would

          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that Golu would misuse the vehicle in the manner as alleged,

          who was also apprehended from the spot.

                   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 Mehandiganj P.S. Case No. 189 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 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
              Patna High Court CR. MISC. No.18098 of 2026(2) dt.22-04-2026
                                                          3/3




                        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)
Sumit/-

U         T

Continue reading with your account

Checking your session…