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Patna High Court

Dhirendra KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedent.

Summary

The petitioner, Dhirendra Kumar, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 1,800 litres of liquor from the verandah of his Champaran hotel adjacent to a petrol pump. He contended that he had no prior criminal record, that the liquor was not in his conscious possession, and that it was his guests who used the premises for the alleged activity. The State opposed his request for anticipatory bail. The Court considered the petitioner's clean antecedent, the lack of direct possession, and the statutory provisions governing anticipatory bail. It granted provisional anticipatory bail subject to a modest bond, two sureties, and verification of the petitioner's criminal antecedent by the trial court. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the absence of direct possession and a clean antecedent justify the grant of anticipatory bail.

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • Section 482(2)
  • clean antecedent
  • possession
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25187 of 2026
                          Arising Out of PS. Case No.-80 Year-2025 Thana- NTPC District- Patna
                 ======================================================
                 Dhirendra Kumar S/o Chandra Shekhar Prasad Singh R/o vill - Laskariapur,
                 P.S.- Barh, Dist.- Patna, Presently Residing in the house of Nitish Kumar,
                 beside the School of Martin School Sohagi Mor Sampat Chak, P.S.- Gopalpur,
                 Dist.- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manoj Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Awadhesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   21-04-2026                  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

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 1.800 liters of liquor from verandah of Champaran

                   hotel adjacent to petrol pump.

                                4. Learned     counsel for the petitioner submits that

                   petitioner was not apprehended 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 Champaran
Patna High Court CR. MISC. No.25187 of 2026(2) dt.21-04-2026
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          hotel. It is next submitted that no prudent person would use his

          own premises for committing an occurrence and thus would

          create evidence against himself and hence would get implicated,

          it is also submitted that petitioner was completely unaware that

          his guests, Rahul and Mohit, would use the verandah in the

          manner as alleged who were 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 before the learned Trial Court

          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 NTPC

          P.S. Case No. 80 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
            Patna High Court CR. MISC. No.25187 of 2026(2) dt.21-04-2026
                                                        3/3




                      Court, as such, the provisional anticipatory bail order shall not be

                      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)
Rishabh/-

U      T


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