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Patna High Court

Dhiraj Kumar ThakurversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court held that provisional anticipatory bail may be granted where the petitioner has no direct possession of the contraband and a clean antecedent, subject to verification of his criminal record.

Summary

The petitioner, Dhiraj Kumar Thakur, feared arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 256.575 litres of liquor from a third party's house. He argued that the liquor was not found in his possession and that the only link to the offence was a motorcycle registered in his name, which he claimed was used without his knowledge. The State opposed his request for anticipatory bail. The High Court, after considering the petitioner's clean antecedent and lack of direct possession, granted provisional anticipatory bail subject to a modest bond and two sureties, and directed verification of his criminal record. The order further stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted under Section 482(2) of the CrPC in a case under Section 30(a) of the Bihar Excise Act
  • Whether the ownership of a vehicle used in the alleged offence justifies denial of anticipatory bail
  • Whether the petitioner’s clean antecedent is a requisite condition for granting anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30
  • clean antecedent
  • vehicle seizure
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26463 of 2026
                    Arising Out of PS. Case No.-360 Year-2025 Thana- UJIYARPUR District- Samastipur
                 ======================================================
                 Dhiraj Kumar Thakur Son of Shambhu Thakur Resident of Village- Pachpaika
                 Karihara, P.S.- Ujiarpur, District- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhay Shanker Singh
                 For the Opposite Party/s :       Md. Anzarul Haque Sahara
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-04-2026                  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 256.575 liters of liquor from house of Prince.

                                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 even alleged

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

                   but then he came to be implicated merely for the reason that the

                   seized motorcycle belongs to him. It is next submitted that no
Patna High Court CR. MISC. No.26463 of 2026(2) dt.22-04-2026
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          prudent person would use his own vehicle for committing an

          occurrence and thus would create evidence against himself and

          hence would get implicated, it is further submitted that

          petitioner was completely unaware that Prince would misuse the

          vehicle in the manner as alleged who was 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 Ujiyarpur

          P.S. Case No. 360 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.26463 of 2026(2) dt.22-04-2026
                                                        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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