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Patna High Court

Dhharamnath Rai @ Dharmnath Rai @ Dharm Nath YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedent.

Summary

The petitioner, Dharmnath Rai, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 432 litres of liquor from a Scorpio vehicle. He argued he had a clean antecedent, was not the owner of the vehicle, and the seizure was based solely on a confessional statement made by a co‑accused, Umesh, while in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner surrenders within six weeks, furnishes bail bonds and sureties, and that the trial court verify his criminal antecedent. If any prior case is found, the bail will not be confirmed; otherwise, it will be confirmed forthwith. The order was made under Section 482(2) of the Code of Criminal Procedure.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Excise Act.
  • Whether a confessional statement made by a co‑accused in police custody can form the basis for arrest.
  • Whether the petitioner’s lack of ownership or possession of the seized vehicle justifies granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • confessional statement
  • police custody
  • criminal antecedent
  • Section 482(2) CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41526 of 2026
                    Arising Out of PS. Case No.-465 Year-2025 Thana- KOTWA District- East Champaran
                 ======================================================
                 Dhharamnath Rai @ Dharmnath Rai @ Dharm Nath Yadav S/O Jagdish rai
                 Resident Of Village - Kadhan Bairiya P.s.- Kesariya, Dist.- East Champaran
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manoj Kumar
                 For the Opposite Party/s :       Mr. Ramesh Chandra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-06-2026                  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

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 432 liters of liquor from a Scorpio vehicle.

                                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 Umesh in police custody which does not

                   have any evidentiary value.

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

                   anticipatory bail of the petitioner.
            Patna High Court CR. MISC. No.41526 of 2026(2) dt.30-06-2026
                                                        2/2




                                   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 Kotwa P.S. Case No.

                      465 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 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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