Created by Fuzzy Cloud

Patna High Court

Dhiraj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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 The order stipulated that if any antecedent is discovered, the bail may be withdrawn, otherwise it would be confirmed.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

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
                 ======================================================
           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
                                            2/3




          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
                                                         3/3




                       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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.