Patna High Court
Dharmesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to conditions and verification of antecedents.
Summary
The petitioner, Dharmesh Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 30(a) and 34 of the Bihar Prohibition and Excise (Amendment) Act, 2018, alleging recovery of two litres of liquor from a hut not owned by him. He asserted a clean criminal record and argued that no liquor was found in his possession at the time of alleged incident. The State opposed the bail application. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on the petitioner furnishing a bail bond of Rs.500 and two sureties of equal amount, and directed the trial court to verify his antecedents. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The decision was made under the powers conferred by Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise (Amendment) Act, 2018
- Whether the petitioner’s clean antecedent warrants release pending trial
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a), 34
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- criminal procedure
- clean antecedent
- liquor seizure
- Section 30
- Section 34
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46388 of 2026
Arising Out of PS. Case No.-49 Year-2021 Thana- DAUDNAGAR District- Aurangabad
======================================================
Dharmesh Kumar S/O Jairam Yadav R/O village- Birai, P.S.- Daudnagar,
District- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Singh
For the Opposite Party/s : Mr. Syed Mojibur Rahman
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 14-07-2026 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 offence punishable under Sections 30(a), 34 of
Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 2 litres of liquor from a hut.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even alleged
recovery is from a hut which does not belong to the petitioner
and he came to be implicated at the instance of local person but
then the name of the person who disclosed the name of the
Patna High Court CR. MISC. No.46388 of 2026(2) dt.14-07-2026
2/3
petitioner is not disclosed in the FIR which casts an aspersion
on the case of the prosecution, when petitioner admittedly is a
person with clean antecedent.
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.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 Daudnagar P.S. Case No.49 of 2021, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
7. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner is a person with clean
Patna High Court CR. MISC. No.46388 of 2026(2) dt.14-07-2026
3/3
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.