Patna High Court
Dhanu Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to the conditions imposed.
Summary
The petitioner, Dhanu Kumar Singh, sought anticipatory bail after being implicated in a case under Section 414 of the Indian Penal Code and Sections 30(a), 138(1), and 141(1) of the Bihar Prohibition and Excise Act, following the seizure of 3991.180 litres of illicit liquor from a truck and two motorcycles, one of which he owned. The petitioner argued that no incriminating material was found on him or his motorcycle, that he was neither the driver nor the owner of the truck, and that he has a clean antecedent. The State opposed the bail application. The Court considered the lack of direct evidence linking the petitioner to the seized liquor and the statutory provisions governing anticipatory bail. It granted anticipatory bail, directing the petitioner to surrender within eight weeks, to furnish a bail bond of Rs.10,000 with two sureties, and to comply with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the petitioner’s ownership of a seized motorcycle and lack of incriminating material justify bail.
- Whether conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita are applicable.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 138(1), 141(1), 30(a)
- Indian Penal Code — s. 414
Subjects
- anticipatory bail
- illicit liquor seizure
- excise law
- Indian Penal Code
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41324 of 2026
Arising Out of PS. Case No.-148 Year-2019 Thana- SISWAN District- Siwan
======================================================
Dhanu Kumar Singh S/o Jitendra Singh R/o Ward No. 13, Vill- Harnathpur,
Post- Harnathpur, P.S.- Raghunathpur, Distt- Siwan, Pin- 841504
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhiraj Kumar Singh, Advocate
For the Opposite Party/s : Mr. Prem Kumar Jha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 06-07-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Section 414 of the Indian Penal
Code and Sections 30(a), 138(1), 141(1) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, 3991.180 litres illicit
liquor was recovered from the seized truck bearing Reg. No.
DL1LR4949 along with two motorcycles. Petitioner is owner of
one of the seized motorcycles.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered either from conscious
possession of the petitioner or from the motorcycle of this
petitioner. Petitioner is neither driver nor owner of the truck in
question and he has got no concern with the alleged recovery.
Patna High Court CR. MISC. No.41324 of 2026(2) dt.06-07-2026
2/2
Petitioner claims clean antecedent.
5. Learned A.P.P. for the State opposed the bail
application.
6. Considering the aforesaid facts and circumstances
of the case, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Court of Exclusive
Special Judge, Excise-2, Siwan in connection with Siswan
(M.H. Nagar) P. S. Case No. 148 of 2019, subject to condition
as laid down under Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/Sanjay-
U T
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