Patna High Court
Dinesh Kumar Singh @ Bhuar Kumar @ BhuarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail to the petitioner, subject to bail bonds, sureties, and verification of his criminal antecedents.
Summary
The petitioner, Dinesh Kumar Singh, sought anticipatory bail in a case under Section 30(a) of the Bihar Excise Act concerning alleged recovery of 80 litres of liquor from a motorcycle. He argued that he was not arrested at the scene, had no possession of the liquor, was not the vehicle's owner, and that the case was based solely on a confessional statement made by Manjeet while in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending the seriousness of the offence. The Court granted provisional anticipatory bail, conditioning it on a bail bond of Rs.10,000 with two sureties and a six‑week window for surrender, subject to verification of the petitioner’s criminal antecedents under Section 482(2) of the CrPC. The order further stipulated that if more than two prior cases are found, the bail would be presumed concealed and the provisional order would not be confirmed; otherwise, it would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act.
- Whether a confessional statement made in police custody can form the sole basis for arrest and bail denial.
- Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- criminal antecedent
- Section 30(a)
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38424 of 2026
Arising Out of PS. Case No.-88 Year-2025 Thana- CHAORI District- Bhojpur
======================================================
Dinesh Kumar Singh @ Bhuar Kumar @ Bhuar S/O Radha Singh Resident of
Village - Thengawa,Police Station - Charpokhari, District - Bhojpur at Ara.
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar
For the Opposite Party/s : Mr.Nagendra Prasad
======================================================
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 offences punishable under Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of two cases out of which one case is under
the Excise Act and allegation is of recovery of 80 litres of liquor from
a motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of the
seized vehicle and he came to be implicated based on confessional
statement of Manjeet in police custody which does not have any
evidentiary value.
Patna High Court CR. MISC. No.38424 of 2026(2) dt.18-06-2026
2/2
5. Learned A.P.P. for the State opposes the prayer for
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. 10,000/- (Rupees Ten Thousand) 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 Chauri P.S. Case No. 88 of 2025 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 more than two cases
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 has antecedent of
two cases in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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