Dharmendra KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32676 of 2026
                       Arising Out of PS. Case No.-545 Year-2025 Thana- SONEPUR District- Saran
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                 Dharmendra Kumar S/o Bisheshwar Sahani R/o Ward No. 12, Vill.-
                 Mansurpur Halaiya, P.S.- Mahua, District- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashutosh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Anil Kumar, APP
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                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   13-05-2026                  Heard learned Counsel for the petitioner and learned

                   APP for the State.

                                2. The present criminal miscellaneous application has

                   been filed under Section 482 of the Bharatiya Nagarik Suraksha

                   Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for

                   grant of anticipatory bail to the petitioner who apprehends arrest

                   in connection with Sonepur P.S. Case No. 545/2025, lodged on

                   04.06.2025, under Section 30(a) of the Bihar Prohibition and

                   Excise (Amendment) Act, 2022.

                                3. As per the prosecution, total recovery of about 327

                   litres of foreign liquor has been made from the pickup van of the

                   petitioner, which is the subject matter of the present case.

                                4. Learned Counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Counsel
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          submits that antecedent of the petitioner is clean. He submits

          that petitioner is the registered owner of the said pick-up van.

          He submits that nothing has been recovered from the conscious

          possession of the petitioner. Counsel submits that petitioner is

          ready to fulfill all the conditions whatsoever shall be imposed

          upon him.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner but submits that petitioner is the owner of

          the vehicle.

                       6. Considering the fact that antecedent of the

          petitioner is clean, let the above named petitioner be released on

          anticipatory bail, in the event of arrest or surrender before the

          learned Court below within a period of 4 weeks from today, on

          furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)

          as mentioned in Section 2(1)(d) of the BNSS, 2023 to the

          satisfaction of learned Court of 2nd Exclusive Special Excise

          Judge, Saran at Chapra, in connection with Sonepur P.S. Case

          No. 545/2025, subject to the conditions as laid down U/s 482(2)

          of the BNSS, 2023.

                       7. And further condition that the Trial Court shall

          verify the criminal antecedent of the petitioner and in case at

          any stage it is found that the petitioner has concealed his
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                    criminal antecedent, the Trial Court shall take step for

                    cancellation of bail bond of the petitioner.              However, the

                    acceptance of bail bonds in terms of the above mentioned order

                    shall not be delayed for purpose of or in the name of

                    verification.

                                                                    (Dr. Anshuman, J)
    Mkr./-

U     T