Dhiraj Kumar @ BillaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.20092 of 2026
                          Arising Out of PS. Case No.-599 Year-2025 Thana- BYPASS District- Patna
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                 Dhiraj Kumar @ Billa S/o Mahesh Prasad @ Mahesh Bind Resident of -
                 Bahari Begampur Beldari Tola, Begampur, Sampatchak, P.S - Bypass, District
                 - Patna

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

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

2   31-03-2026                   1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                 2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 317(5) of the B.N.S. and Section 30(a) of the Excise

                   Act.

                                 3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of five cases out of which one case

                   is under the Excise Act and allegation is of recovery of 112 litres

                   of liquor from a scooty.

                                 4. The learned counsel for the petitioner submits that

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

                   recovered from his conscious possession and is not the owner of
Patna High Court CR. MISC. No.20092 of 2026(2) dt.31-03-2026
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          the seized scooty and he came to be implicated based on secret

          information, which is the easiest way to implicate someone

          without holding a proper investigation. It is further submitted

          that off late the police has started implicating accused with

          criminal antecedent in cases relating to excise for obvious

          reason.

                       5. Learned A.P.P. Sri Chandra Bhushan Prasad

          opposes the anticipatory bail application.

                       6. Considering the submissions made by the learned

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

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.25,000/- (Rupees Twenty Five Thousand) 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 Bypass P. S. Case No.599 of 2025, subject to

          the conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is
               Patna High Court CR. MISC. No.20092 of 2026(2) dt.31-03-2026
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                         found that petitioner has antecedent of more than five cases,

                         then it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of five cases only, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T