Patna High Court
Dhuran Singh @ Dhurendra Singh @ Dhurandhar Prasad SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail to the petitioners subject to bail bonds, sureties, a deposit with the Advocates’ Association, and verification of their criminal antecedents.
Summary
The petitioners, Dhuran Singh and Arvind Singh, were implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 1,036.80 litres of liquor from a bush near a school. They argued that they were not apprehended on the spot, the liquor was not found in their possession, and the FIR omitted the informant's name, casting doubt on the prosecution's case. The State opposed their request for anticipatory bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to each petitioner furnishing a bail bond of Rs. 50,000 with two sureties and depositing Rs. 10,000 with the Advocates’ Association. The order also stipulated that the trial court verify the petitioners' criminal antecedents, and if any petitioner has more than ten prior cases, the bail would not be confirmed.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether the lack of recovery from the petitioners' possession and omission of the informant's name in the FIR justify granting anticipatory bail.
- Whether the petitioners' criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- criminal antecedent
- Section 30(a) Bihar Excise Act
- Section 482(2) BNSS
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4684 of 2026
Arising Out of PS. Case No.-384 Year-2025 Thana- RIVILGANJ District- Saran
======================================================
1. Dhuran Singh @ Dhurendra Singh @ Dhurandhar Prasad Singh Son of Late
Ramji Singh Resident Of Village- Nayka Barka Baiju Tola Ps- Rivilganj,
Dist- Saran at Chapra
2. Arvind Singh @ Arvind Kumar Singh son of Sachidanand Singh Resident
Of Village- Nayka Barka Baiju Tola Ps- Rivilganj, Dist- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate
For the Opposite Party/s : Mr. Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of ten cases out of which six
cases are under the excise act and petitioner no. 2 also has
antecedent of ten cases out of which five cases are under the
excise act and allegation is of recovery of 1036.80 liters of
liquor from a bush near a school.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.4684 of 2026(2) dt.31-01-2026
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petitioners were not apprehended from the spot as such nothing
was recovered from their conscious possession and even alleged
recovery is from a place which does not belong to the
petitioners and is accessible to villagers at large and they came
to be implicated at the instance of local person, but then the
name of the person who disclosed the name of the petitioners is
not disclosed in the FIR which casts an aspersion on the case of
the prosecution.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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.
50,000/- (Rupees Fifty Thousand) each 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
Rivilganj P.S. Case No. 384 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 petitioners and
Patna High Court CR. MISC. No.4684 of 2026(2) dt.31-01-2026
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in the event if it is found that any of the petitioners have
antecedent of more than ten cases then it would be presumed
that petitioners, for the purposes of seeking anticipatory bail,
had concealed their antecedent before this Court, as such, the
provisional anticipatory bail order shall not be confirmed, but
after verification if it is found that petitioners have antecedent of
ten cases only in that event the provisional anticipatory bail
order shall be confirmed forthwith.
8. At this stage, the learned counsel for the
petitioners, based on instruction, undertakes to deposit an
amount of Rs. 10,000/- with Advocates’ Association, Patna High
Court within a period of two weeks from today.
(Satyavrat Verma, J)
Rishabh/-
U T
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