Patna High Court
Dharmendra Sah @ Dharmendra Kumar @ Dharmendra PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to a bail bond, sureties, and verification of the petitioner’s criminal antecedents.
Summary
The petitioner, Dharmendra Sah, sought anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, alleging that liquor was planted at his premises and that he was not in possession of the seized vehicle or liquor. He argued that the investigation was based on secret information without proper inquiry and that the house where liquor was found was under construction and uninhabited. The State opposed the bail, contending that the offence warranted arrest. The High Court, applying Section 482(2) of the Code of Criminal Procedure, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000, two sureties, and a requirement that the trial court verify the petitioner’s criminal antecedents. The order further stipulated that if more than two prior cases are found, the bail would not be confirmed, whereas confirmation would follow if only two antecedents are verified. The petitioner also undertook to deposit Rs.5,000 with the High Court Legal Services Committee.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
- Whether the petitioner’s alleged lack of possession and the circumstances of seizure justify denial of bail.
- Whether the petitioner’s criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Section 30
- Section 482
- Bihar Prohibition and Excise Act
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5532 of 2026
Arising Out of PS. Case No.-712 Year-2025 Thana- SAHEBGANJ District- Muzaffarpur
======================================================
Dharmendra Sah @ Dharmendra Kumar @ Dharmendra Prasad S/O Mishrilal
Sah R/O Vill./Mohalla- Azad Nagar, P.S.- Keshariya, Dist.- East Champaran
at Present Add. Vill.- Pratap Patti, P.S.- Sahebganj, Dist.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedents of two cases under the Excise Act and
allegation is of recovery of 17.28 litres of liquor from a car parked
outside the house of the petitioner and 12.24 litres of liquor from
semi constructed house of the petitioner. It is next submitted that
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 the house is under construction, as such, no
one was staying in the house and thus was accessible to villagers
Patna High Court CR. MISC. No.5532 of 2026(2) dt.03-02-2026
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at large and it appears that someone inimical to the family planted
meager amount of liquor with an intent to implicate the entire
family members. It is also submitted that no prudent person would
use his own premises for committing an occurrence and thus,
would create evidence against himself and hence, would get
implicated and petitioner came to be implicated based on secret
information, which is the easiest way to implicate someone
without holding a proper investigation. It is also 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.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. 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-bond in the sum of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special Judge
Excise Court No.-II, Muzaffarpur in connection with Sahebganj
P.S. Case No.712 of 2025, subject to the conditions laid down
Patna High Court CR. MISC. No.5532 of 2026(2) dt.03-02-2026
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under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedents of more than two 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
antecedents of only two cases, in that event, the provisional
anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner, based
on instruction, submits that petitioner undertakes to deposit an
amount of Rs.5,000/- with High Court Legal Services Committee,
Patna within a period of two weeks from today.
(Satyavrat Verma, J)
Sanjay/-
U T
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