Patna High Court
Dhaju RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner with specified conditions.
Summary
The petitioner, Dhaju Rai, sought anticipatory bail fearing arrest in a case (Barhara P.S. Case No. 253 of 2024) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018 involving 90 litres of illicit liquor found on his motorcycle. He claimed innocence, stating the vehicle was being used by a co‑accused and that he had no criminal record. The petitioner also offered to donate Rs. 25,000 to a charitable institution without admitting guilt. The High Court, after hearing counsel, allowed the application and granted anticipatory bail on a bond of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482 of the BNSS, including regular police‑station attendance and deposit of the charitable amount. The court directed the lower court to verify the petitioner’s antecedent before accepting the bail bond. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
- Whether the conditions imposed (bond, sureties, regular police‑station attendance, and charitable deposit) are permissible under Section 438(2) of the CrPC and Section 482 of the BNSS.
- Whether the petitioner’s claim of a clean antecedent influences the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- illicit liquor
- Bihar Prohibition and Excise Amendment Act
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21403 of 2026
Arising Out of PS. Case No.-253 Year-2024 Thana- BARHARA District- Bhojpur
======================================================
Dhaju Rai S/o Late Vidhi Rai R/o Village- Jivarai ke Tola, P.S.- Barhara,
District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pallav Kumar Singh
Ms. Priya Kumari
Mr.Diwakar .
For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Barhara P.S. Case No. 253 of 2024 registered
for the offence under Sections 30(a) of the Bihar Prohibition and
Excise Amendment Act, 2018.
3. From the impugned order, it appears that the
recovery is of 90 liters of illicit liquor from motorcycle which
belongs to the petitioner.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. He further submits that the
motorcycle was taken by the co-accused for some work but the
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same has been misued by the co-accused.
5. Learned counsel for the petitioner further
submits that the petitioner is ready to donate Rs. 25,000/- in
some charitable organization without accepting his guilt. He
next submits that the petitioner has no criminal antecedent.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned concerned
Court below in connection with Barhara P.S. Case No. 253 of
2024, subject to the conditions laid down in Section 438(2) of
the Code of Criminal Procedure, 1973 / Section 482 of the
BNSS.
8. As a condition of this order, the petitioner, after
being released on anticipatory bail, is directed to mark his
attendance at Barhara Police Station on every Sunday of each
month. Any default in appearance at the police station will result
in cancellation of bail bonds of the petitioner.
9. This is also subject to the condition that the
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petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Mission Ashram, Nala Road, Patna and produce
the receipt of the same before the Court below. The bail bonds
of the petitioner shall be accepted after verifying the
genuineness of the receipt produced by the petitioner.
10. As the petitioner claims to have clean
antecedent, the Court below, before accepting the bail bonds of
the petitioner is directed to verify the antecedent of the
petitioner. If the petitioner is found to be involved in any other
case then the bail bonds of the petitioner shall not be accepted.
(Sandeep Kumar, J)
Vikas/-
U
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