Patna High Court
Dhanjee Kumar@ Dhanjee SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438(2)
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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