Patna High Court
Dhiraj Kumar ThakurversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure — s. 482(2)
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
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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
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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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