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Patna High Court

Dhanjee Kumar@ Dhanjee SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court provisionally granted anticipatory bail to the petitioner, subject to verification of his criminal antecedent.

Summary

The petitioner, Dhanjee Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 for allegedly recovering 54 litres of liquor from a sack at two locations, though he was not arrested at the spot and had no conscious possession. He asserted a clean criminal antecedent and argued that the investigation was based on secret information without proper proof. The State opposed his request for anticipatory bail. The Court, considering the petitioner's clean record and lack of possession, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties, under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S., and ordered verification of his 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 the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. in a case under the Bihar Prohibition and Excise Act, 2018
  • Whether the petitioner’s alleged involvement and lack of possession justify denial of bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • Criminal Procedure Code
  • Section 438
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21125 of 2026
                   Arising Out of PS. Case No.-110 Year-2025 Thana- BUXAR MUFFSIL District- Buxar
                 ======================================================
                 Dhanjee Kumar@ Dhanjee Singh Son of Yamuna Singh R/o Village -
                 Mishrawalia, P.S. - Buxar (Muffasil), Dist. - Buxar.
                                                                             ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ajit Kumar, Advocate
                 For the Opposite Party/s :      Mr. Md. Aslam Ansari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-04-2026                  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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 54 litres of liquor from a sack from two different

                   places.

                                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 even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and he came to be implicated based on the secret information

                   which is the easiest way to implicate someone without holding a
Patna High Court CR. MISC. No.21125 of 2026(2) dt.17-04-2026
                                            2/3




          proper investigation of the case, when petitioner admittedly is a

          person with clean antecedent.

                       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 appearing on behalf of the petitioner, let 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 Buxar (Mufassil)

          P.S. Case No. 110 of 2025, subject to the conditions as laid

          down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that thereafter the learned

          Trial Court shall verify the criminal antecedent of the petitioner

          and if it is found that petitioner has antecedent of even one case,

          it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail

          application in that event the provisional anticipatory bail order

          shall not be confirmed but if it is found on verification that

          petitioner is a person with clean antecedent in that event the
           Patna High Court CR. MISC. No.21125 of 2026(2) dt.17-04-2026
                                                       3/3




                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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