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Patna High Court

Dharmendra Sah @ Dharmendra Kumar @ Dharmendra PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                           3/3




                         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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