Patna High Court
Dhoni KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting provisional bail subject to conditions and verification of antecedents.
Summary
The petitioners, Dhoni Kumar and Neelam Devi, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, alleging that the liquor recovered was not in their possession and that the informant’s name was omitted from the FIR. They argued that the police had mechanically implicated them without proper investigation. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioners be released on provisional anticipatory bail upon furnishing bail bonds of Rs.5,000 each with two sureties, subject to verification of their criminal antecedents and compliance with Section 482(2) of the B.N.S.S. The order stipulated that if more than one prior case is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application for anticipatory bail was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bihar Prohibition and Excise Act, 2022.
- Whether the absence of the informant’s name in the FIR and lack of possession of the alleged liquor justify denial of bail.
- Whether the petitioners’ criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Bihar Prohibition and Excise Act
- Section 30(a)
- provisional bail
- criminal antecedent
- Section 482(2) of B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.383 of 2026
Arising Out of PS. Case No.-779 Year-2025 Thana- KADAMKUAN District- Patna
======================================================
1. Dhoni Kumar son of chandan Ram Resident Of Village- Nala Road
Ambedkar Bhawan PS -Kadamkuan District -Patna
2. Neelam Devi wife of Chandan Ram Resident Of Village- Nala Road
Ambedkar Bhawan PS -Kadamkuan District -Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh No. I, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act, 2022.
3. Learned counsel for the petitioners submits that
petitioners have antecedent of one case under the Excise Act and
petitioner no.2 is a woman and allegation is of recovery of 140
litres of liquor from the backyard of Ambedkar Bhawan. It is
next submitted that petitioners were not arrested from the spot,
as such, nothing was recovered from their conscious possession
and even alleged recovery is from a place which does not
Patna High Court CR. MISC. No.383 of 2026(2) dt.15-01-2026
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belong to the petitioners and they came to be implicated at the
instance of local person but then name of the person, who
disclosed the name of the petitioners, is not disclosed in the FIR,
which casts an aspersion on the case of the prosecution. It is
also submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either at the instance of Chowkidar, local person, confessional
statement or secret information without holding a proper
investigation.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, are directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in
the sum of Rs.5,000/- (Rupees Five Thousand) each with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Judge, Excise, 2nd, Patna in connection with
Kadamkuan P.S. Case No.779 of 2025, subject to the conditions
laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
Patna High Court CR. MISC. No.383 of 2026(2) dt.15-01-2026
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7. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioners shall
verify the criminal antecedent of the petitioners and in the event,
if it is found that petitioners have antecedent of more than one
case, then it would be presumed that petitioners for the purposes
of obtaining anticipatory bail had concealed their antecedent
before this Court, in that event, the present provisional
anticipatory bail order shall not be confirmed, but if on
verification, it is found that petitioners have antecedent of only
one case, in that event, the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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