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Patna High Court

Dhirendra Kumar Singh @ Dhirendra SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail may be granted in excise cases where the accused is not in possession and the investigation is based on secret information, subject to bond conditions and verification of prior criminal antecedents under Section 482(2) of the BNSS.

Summary

The petitioner, Dhirendra Kumar Singh, was implicated in a case under Sections 30(a), 32(ii) and 41(i) of the Bihar Excise Act for the alleged recovery of 2,162.88 litres of liquor from a truck. He claimed he was not arrested at the spot, had no conscious possession of the liquor, and was not the owner of the seized vehicle, asserting that the case was based solely on secret information. The petitioner, who has nineteen prior criminal cases (fifteen under the Excise Act), sought anticipatory bail. The State opposed the bail. The High Court granted provisional anticipatory bail on the condition of a Rs. 95,000 bond with two sureties, subject to verification of his criminal antecedent and compliance with Section 482(2) of the BNSS, ordering that the bail be confirmed only if his antecedent does not exceed the stipulated limit.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under the Bihar Excise Act.
  • Whether the petitioner’s extensive criminal antecedent precludes the grant of anticipatory bail.
  • Whether the circumstances of seizure and lack of possession justify the issuance of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • seizure of liquor
  • secret information
  • criminal antecedent
  • bond conditions
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41683 of 2026
                       Arising Out of PS. Case No.-182 Year-2025 Thana- PATEPUR District- Vaishali
                 ======================================================
                 Dhirendra Kumar Singh @ Dhirendra Singh Son of Raj Kumar Singh
                 Resident of Village- Mandaidih, P.S.- Patepur, Dist.- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Satish Kumar Sinha
                 For the Opposite Party/s :        Mr.Anant Kumar 1
                 ======================================================
                 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 Sections 30(a),

                   32(ii) and 41(i) of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of nineteen cases out of which 15

                   cases are under the Excise Act and allegation is of recovery of

                   2162.88 litres of liquor from a truck.

                             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 secret

                   information which is the easiest way to implicate someone. It is
Patna High Court CR. MISC. No.41683 of 2026(2) dt.30-06-2026
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          further submitted that once an accused is implicated in a case

          relating to excise, the police starts implicating mechanically

          either at the instance of Chowkidar, local person, confessional

          statement or secret information without holding a proper

          investigation. It is also submitted that petitioner earlier also in

          similar manner came to be implicated in cases relating to

          Excise.

                    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 within a period of six weeks

          from today, be released on Provisional anticipatory bail on

          furnishing bail bonds of Rs. 95,000/- (Rupees Ninety-five

          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 Patepur P.S. Case

          No. 182 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

          nineteen cases then it would be presumed that petitioner, for the
              Patna High Court CR. MISC. No.41683 of 2026(2) dt.30-06-2026
                                                          3/3




                        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 nineteen cases in that event the

                        provisional anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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