Patna High Court
Dhiraj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioners, subject to bail bond conditions and verification of criminal antecedents.
Summary
The petitioners, Dhiraj Kumar and Ankit Kumar, owners of a tractor and an auto respectively, were implicated in a case under Section 30(c) of the Bihar Prohibition and Excise Act for the alleged recovery of 950 kg of jaggery molasses and 70 kg of alum from their vehicles. They argued that they had clean antecedents, were not present at the spot of seizure, and were unaware that their drivers misused the vehicles. The State opposed their request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on the petitioners furnishing bail bonds of Rs.500 each with two sureties, and subject to verification of their criminal antecedents under Section 482(2) of the Bihar Negotiable Securities Act. The order stipulated that if any antecedent is discovered, the bail may be withdrawn, otherwise it would be confirmed.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under the circumstances.
- Whether ownership of the seized vehicles makes the owners liable under Section 30(c) of the Bihar Prohibition and Excise Act.
- Whether the petitioners' alleged clean antecedent affects the grant of anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(c)
- vehicle seizure
- criminal antecedent
- Section 482(2)
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29794 of 2026
Arising Out of PS. Case No.-32 Year-2026 Thana- OBRA District- Aurangabad
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1. Dhiraj Kumar S/O Tulsi Chaudhary R/o Village - Dhamni, P.S. - Barun,
District - Aurangabad, Bihar.
2. Ankit Kumar S/O Gautam Prasad R/V - Dihra, P.S. - Obra, Dist. -
Aurangabad, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Gaurav
For the Opposite Party/s : Mr. Ramchandra Sahni
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-05-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(c) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 950 kg of jaggery molasses and 70 kg of alum from
two different vehicles. It is next submitted that petitioners were
not arrested from the spot as such nothing was recovered from
their conscious possession and they came to be implicated based
on the fact that petitioner no.1 is owner of the seized tractor
Patna High Court CR. MISC. No.29794 of 2026(2) dt.05-05-2026
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petitioner no.2 is the owner of the seized auto. It is next
submitted that no prudent person would use their own vehicle
for committing an occurrence and thus would create evidence
against themselves and hence would get implicated. It is also
submitted that the petitioners were completely unaware that
their drivers would misuse the vehicles in the manner as alleged
who also fled from the spot.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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) each
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 Obra P.S. Case No.32/2026, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that thereafter the learned trial court
thereafter shall verify the criminal antecedents of the petitioners
and in the event if it is found that petitioners have antecedent of
even one case, in that event, it would be presumed that
Patna High Court CR. MISC. No.29794 of 2026(2) dt.05-05-2026
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petitioners had concealed their antecedent before this court, as
such, the provisional anticipatory bail order shall not be
confirmed with respect to those petitioners whose criminal
antecedent does not tally but if after verification the criminal
antecedent as recorded hereinabove tallies with the petitioners in
that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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