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Patna High Court

Dharmendra Keshari @ Dharmendra Kumar KeshariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that provisional anticipatory bail may be granted subject to conditions and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Dharmendra Keshari, sought anticipatory bail after a case was registered under Section 30(a) of the Bihar Excise Act for the alleged recovery of 23.40 litres of liquor from his scooter. He argued that he was not present at the spot of seizure, that the liquor was not in his conscious possession, and that he was unaware of any misuse of his vehicle by another individual. The State opposed the bail, contending that the petitioner’s ownership of the vehicle implicated him. The court granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and directed verification of the petitioner’s criminal antecedents. It further stipulated that if more than three prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed upon verification.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Criminal Procedure Code in a case under the Bihar Excise Act.
  • Whether ownership of the vehicle used in the alleged offence suffices to justify arrest without seizure of liquor from the petitioner’s possession.
  • How the petitioner’s criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • vehicle ownership
  • criminal antecedent
  • Section 30(a) Bihar Excise Act
  • Section 482(2) CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30755 of 2026
                        Arising Out of PS. Case No.-43 Year-2026 Thana- SIKRAUL District- Buxar
                 ======================================================
                 Dharmendra Keshari @ Dharmendra Kumar Keshari S/O Baban Keshari R/O
                 Village- Kulhariya, P.S.- Buxar (M), Distt.- Buxar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Arun Kumar Gupta
                 For the Opposite Party/s :       Ms.Indu Kumari Srivastava
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   06-05-2026               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 the

                   petitioner has antecedent of three cases out of which two cases

                   are under the Excise Act and allegation is of recovery of 23.40

                   litres of liquor from a scooty.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested 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 the seized

                   vehicle. It is next submitted that no prudent person would use
Patna High Court CR. MISC. No.30755 of 2026(2) dt.06-05-2026
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          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 Deepak would misuse the vehicle in the manner as alleged,

          who was 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.

          15,000/- (Rupees Fifteen Thousand) 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

          Sikraul P.S. Case No. 43 of 2026, 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 more

          than three cases then it would be presumed that petitioner, for

          the purposes of seeking anticipatory bail, had concealed his
              Patna High Court CR. MISC. No.30755 of 2026(2) dt.06-05-2026
                                                          3/3




                        antecedent before this Court, as such, the provisional

                        anticipatory bail order shall not be confirmed, but after

                        verification if it is found that petitioner has antecedent of three

                        cases in that event the provisional anticipatory bail order shall

                        be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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