Patna High Court
Dheeraj Kumar @ Dhiraj Mahto @ GolkaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail subject to a bail bond, sureties, and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Dheeraj Kumar, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly recovering 153 litres of liquor from a closed school washroom. He argued that he has a clean criminal record, the liquor was not found in his possession, and the alleged recovery occurred on premises not belonging to him, suggesting a lack of proper investigation. The State opposed the bail, contending that the allegations warranted detention. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties and subject to verification of the petitioner’s antecedent by the trial court. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed immediately.
Issues considered
- What is the appropriateness of granting anticipatory bail under Section 438 of the Criminal Procedure Code in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022?
- Whether the petitioner’s clean antecedent and lack of possession of the alleged liquor justify the grant of anticipatory bail?
Legislation cited
- Bihar Narcotic and Smuggling (or related) Act — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 30(a) Bihar Prohibition and Excise Act
- clean antecedent
- bail bond
- criminal antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32083 of 2026
Arising Out of PS. Case No.-34 Year-2026 Thana- UJIYARPUR District- Samastipur
======================================================
Dheeraj Kumar @ Dhiraj Mahto @ Golka son of Rambharosh Mahto @
Rambharosa Resident of Village- Chandchour Mathurapur, Ward No 1, P.S.-
Ujiarpur, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dilip Kumar Roy, Advocate
For the Opposite Party/s : Ms. Sucheta Yadav, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-05-2026 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 Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 153 litres of liquor from the washroom of a closed
Sanskrit School.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and he came to be implicated based on the secret information
Patna High Court CR. MISC. No.32083 of 2026(2) dt.13-05-2026
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which is the easiest way to implicate someone without holding a
proper investigation of the case, more so, when petitioner
admittedly is a person with clean antecedent.
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 appearing on behalf of the petitioner, let the petitioner,
above-named, in the event of his 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) 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 Ujiarpur P.S. Case
No. 34 of 2026, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of even one case,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
Patna High Court CR. MISC. No.32083 of 2026(2) dt.13-05-2026
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petitioner is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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