Dharmendra KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38338 of 2026
                  Arising Out of PS. Case No.-68 Year-2026 Thana- PIPRAKOTHI District- East Champaran
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                 Dharmendra Kumar Son of Ragho Mahto Resident of Village - Mathiya
                 Bariyarpur, Police Station - Piprakothi, District - East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anil Kumar
                 For the Opposite Party/s :       Ms. Sucheta Yadav
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-06-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 110 litres of liquor from Dalan of petitioner. It is

                   next submitted that petitioner was not arrested from the spot as

                   such nothing was recovered from his conscious possession and

                   Dalan is a place outside the house and thus is accessible to

                   villagers at large. It is next submitted that no prudent person

                   would use his own premises for committing an occurrence and

                   thus would create evidence against himself and hence would get
Patna High Court CR. MISC. No.38338 of 2026(2) dt.18-06-2026
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          implicated and he came to be implicated at the instance of local

          person and chowkidar but then it is submitted that if local

          person and chowkidar were aware of the involvement of the

          petitioner in the occurrence then why they did not inform the

          police prior to institution of the instant FIR which casts an

          aspersion on the case of the prosecution.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, 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 Piprakothi P.S. Case No.68/2026, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the
             Patna High Court CR. MISC. No.38338 of 2026(2) dt.18-06-2026
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                       provisional anticipatory bail order shall not be confirmed but if

                       on verification 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)
amit/-

U        T