Dharmendra Rai @ Dharmendra Kumar RaiversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34178 of 2026
                   Arising Out of PS. Case No.-70 Year-2026 Thana- EXCISE PATORI District- Samastipur
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                 Dharmendra Rai @ Dharmendra Kumar Rai S/o Rambabu Rai Resident of
                 Ward No. 08 (earlier ward no. 11), Vikrampur, Sarangpur, P.S.- Halai,
                 District- Samastipur, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Keshav Bhardwaj
                 For the Opposite Party/s :        Mr.Ahmad Ali
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   18-05-2026                  Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                             2. The petitioner apprehends his arrest in Patory Excise

                   Case No. 70 of 2026 registered under Section 30(a) of Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                         3. As per the prosecution story which has been lodged on

                   the basis of written report submitted by the informant to the

                   effect that he received a secret information that in huge quantity,

                   illicit foreign liquor has been concealed in a secret underground

                   chamber constructed inside a semi-constructed brick house

                   under the possession of the petitioner.                 The informant after

                   informing the superior authority, constituted a raiding team

                   consisting of police officials and armed guards and at around
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          9:50 P.M. reached at the place of occurrence. He found some

          empty liquor cartons lying near the semi-constructed house and

          upon digging the soil, a secret underground chamber was

          allegedly detected. On inspection thereof, several cartons

          containing foreign liquor were allegedly found stored therein.

          Total 938.130 litres of illicit foreign liquor was recovered from

          the semi-constructed house. The petitioner was not found at the

          place of occurrence.

                3. Learned counsel for the petitioner submits that the

          petitioner is innocent and has not committed any offence.

          Nothing incriminating has been recovered from the conscious

          possession of the petitioner and the petitioner has got no

          concern with the alleged illicit foreign liquor. He further submits

          that the house which is a semi-constructed, is a joint family

          property and has not yet been partitioned in between the family

          members. He further submits that the petitioner has been made

          an accused in the present case only on the basis of having 4

          criminal antecedent, out of which, two cases are of similar

          nature.

                4. The Learned APP for the State opposes the prayer for

          anticipatory bail of the petitioner and submits that the petitioner

          is an accused in four other cases and out of which, two are of
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          similar nature and he does not deserve the privilege of

          anticipatory bail.

                5. Having heard the learned counsel for the parties and

          after going through the records, it appears that total 938.130

          litres of illicit foreign liquor was recovered from the semi-

          constructed house which is joint family property of the

          petitioner. The petitioner was not present at the place of

          occurrence. He has got four cases, out of which, two are of

          similar nature.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioners, above named, in the event of arrest/surrender

          before the learned court below within a period of six weeks

          from today, be released on anticipatory bail on furnishing bail

          bonds of Rs.10,000/- (Ten thousand) each with two sureties of

          the like amount each to the satisfaction of learned Special

          Judge, Excise-II, Samastipur in connection with Patory Excise

          Case No. 70 of 2026, subject to the conditions as laid down

          under Section 482(2) of the B.N.S.S., with further condition:

                       (i) The learned Court concerned shall verify the

          criminal antecedent of the petitioner and in case at any stage, it

          is found that the petitioner has concealed his criminal

          antecedents, the Court concerned shall take steps for
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                      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.

                                    (ii) One of the bailors should be close relative of the

                      petitioner.



                                                  (Ritesh Kumar, J)
A.K.V.//-

U      T