Patna High Court
Dharmendra Singh @ Dharmendra Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bail bond, sureties, and verification of the petitioner’s antecedent.
Summary
The petitioner, Dharmendra Singh, sought anticipatory bail in a case alleging illegal possession of 1,954.08 liters of liquor, punishable under Section 30(a) of the Bihar Excise Act and Section 188 of the IPC. He argued that he had no prior criminal record, was not in possession of the seized vehicle, and the case was based solely on a confessional statement made by another individual in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of a Rs. 500 bail bond with two sureties, subject to verification of the petitioner’s antecedents by the trial court. The order stipulated that if any prior case is discovered, the bail would be revoked, otherwise it would be confirmed.
Issues considered
- Whether anticipatory bail should be granted in a case under the Bihar Excise Act and IPC Section 188.
- Whether a confessional statement made in police custody can form the sole basis for arrest.
- Whether the petitioner’s lack of ownership of the seized vehicle affects bail eligibility.
- Whether the petitioner’s clean antecedent warrants provisional bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 188
Subjects
- anticipatory bail
- excise law
- confessional statement
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38327 of 2026
Arising Out of PS. Case No.-30 Year-2017 Thana- BARAUNI District- Begusarai
======================================================
Dharmendra Singh @ Dharmendra Kumar Singh Son of Narmdeshwar singh
@ Karu singh Resident of Village - Kusha shambhuganj, P.S. - shambhuganj,
District - Begusarai, (Bihar). At present Q no 19 block 2 Central colony PS
chandrapur makoli District Bokaro Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Kumar Mishra
For the Opposite Party/s : Mr. Akshay Lal Pandit
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-06-2026 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 read with Section 188 of IPC.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 1954.08 liters of liquor from a truck.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing was
recovered from his conscious possession and is not the owner of the
seized vehicle and came to be implicated based on confessional
statement of Sanjeev in police custody which does not have any
evidentiary value, when petitioner admittedly is a person with clean
antecedent.
5. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.38327 of 2026(2) dt.29-06-2026
2/2
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. 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 Barauni P.S. Case No. 30 of 2017 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 even one case then it
would be presumed that petitioner, for the purposes of seeking
anticipatory bail, had concealed his antecedent before this Court, as
such, the provisional anticipatory bail order shall not be confirmed,
but after verification if it is found that petitioner is a person with
clean antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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