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Patna High Court

Dhiraj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

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

Summary

The petitioner, Dhiraj Kumar, applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act, alleging recovery of liquor, a car and a motorcycle from another individual's house. The petitioner argued that he was not present at the scene, had no possession of the seized items, and was implicated solely on the basis of a confessional statement made by the co-accused while in police custody, which he claimed lacks evidentiary value. The State opposed the bail, citing the petitioner’s prior criminal antecedents, including two earlier cases under the Excise Act. The Court considered the submissions and directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.20,000 with two sureties, subject to verification of his criminal antecedents. The order further stipulated that if more than four prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC to a person accused of offences under Section 30(a) of the Excise Act.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
  • Whether a confessional statement made by a co-accused in police custody can be relied upon to justify denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • Section 30(a)
  • bail bond
  • criminal antecedent
  • confessional statement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44275 of 2026
                     Arising Out of PS. Case No.-138 Year-2026 Thana- CHAUTHAM District- Khagaria
                 ======================================================
                 Dhiraj Kumar Son of Gulo Yadav Resident of Village- Khutiya, P.S.- Mansi,
                 District- Khagaria, (Bihar).

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

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

2   07-07-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of four cases out of which two

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

                   99.75 litres of liquor from house of Deepak Kumar along with a

                   car and a motorcycle was also seized.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and is not the owner of

                   any of the seized vehicle and even alleged recovery is from a
Patna High Court CR. MISC. No.44275 of 2026(2) dt.07-07-2026
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          place, which does not belong to the petitioner and he has no

          concern or relation with Deepak, but then he came to be

          implicated based on confessional statement of Deepak in police

          custody which does not have any evidentiary value. It is next

          submitted that police in majority of cases implicating innocent

          persons either at the behest of Chaukidar, local person, secret

          information and confessional statement in a mechanical manner

          without holding a proper investigation.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.20,000/- (Rupees Twenty 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 Chautham P. S. Case No.138 of 2026, subject to

          the conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after
               Patna High Court CR. MISC. No.44275 of 2026(2) dt.07-07-2026
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                         accepting the provisional bail bonds of the petitioner shall verify

                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedent of more than four cases,

                         then it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of four cases only, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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