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Patna High Court

Dharmendra Kumar @ Dharmendra YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional bail subject to conditions and verification of the petitioner’s antecedent.

Summary

Dharmendra Kumar applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Sections 47(a) and (f) of the Excise Act for allegedly recovering 60 litres of liquor and 400 litres of fermented jawa mahua from a public drain. The petitioner argued that he has a clean antecedent, was not arrested at the spot, and that no liquor was found in his possession, contending that the investigation was based on secret information. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his criminal antecedent and other conditions under Section 438(2) CrPC. The court ordered the petitioner to deposit Rs.1,500 with the Advocates’ Association within two weeks. The application was allowed, with the provisional bail to be confirmed if the petitioner’s antecedent remains clean.

Issues considered

  • Whether anticipatory bail can be granted when the accused has not been arrested and no contraband is found in his possession.
  • Whether the allegations under Sections 47(a) and (f) of the Excise Act justify denial of anticipatory bail.
  • What conditions may be imposed under Section 438(2) of the CrPC for granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • liquor seizure
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5006 of 2026
                   Arising Out of PS. Case No.-583 Year-2014 Thana- GOVERNMENT OFFICIAL COMP.
                                                     District- Nawada
                 ======================================================
                 Dharmendra Kumar @ Dharmendra Yadav Son of Kailash Yadav Resident of
                 Village- Sartakia, P.S.- Hisua, District- Nawada (Bihar)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Akhilesh Kumar
                 For the Opposite Party/s :    Ms.Indu Kumari Srivastava
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-02-2026                  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 47(a) and (f) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and allegation is

                   of recovery of 60 litres of liquor along with 400 litres of

                   fermented jawa mahua from a gallon from a place near a drain

                   in a village.

                                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 even alleged
Patna High Court CR. MISC. No.5006 of 2026(2) dt.02-02-2026
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          recovery is from a place, which does not belong to the petitioner

          and is accessible to public at large and he came to be implicated

          based on secret information, which is the easiest way to

          implicate someone 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.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

          G.O. Case No.583 of 2014, Excise No.4337 of 2017, 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

          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 even one case, then it

          would be presumed that petitioner for the purposes of obtaining
               Patna High Court CR. MISC. No.5006 of 2026(2) dt.02-02-2026
                                                           3/3




                         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 is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.

                                      9. At this stage, the learned counsel appearing on

                         behalf of the petitioner based on instruction submits that

                         petitioner undertakes to deposit an amount of Rs.1500/- with

                         Advocates’ Association, Patna High Court, Patna within a

                         period of two weeks from today.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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