Patna High Court
Dharmendra Kumar @ Dharmendra RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The application for anticipatory bail is allowed, with provisional bail granted subject to bond, sureties, and verification of antecedents.
Summary
The petitioner, Dharmendra Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly possessing 178.200 litres of liquor recovered from a hut that does not belong to him. He has seven prior criminal cases and was not arrested at the scene, with no liquor seized from his immediate possession. He applied for anticipatory bail, arguing lack of direct possession and procedural irregularities. The High Court, considering the submissions, granted provisional anticipatory bail on the condition of furnishing a bail bond of Rs.35,000 with two sureties, subject to Section 482(2) of the Criminal Procedure Code. The order also directed the trial court to verify his antecedents and conditionally confirm the bail if he has no more than seven prior cases.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
- Whether the High Court can impose conditions under Section 482(2) of the CrPC for provisional anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Section 30
- excise law
- criminal antecedent
- provisional bail
- Section 482
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60274 of 2025
Arising Out of PS. Case No.-141 Year-2024 Thana- EXCISE PATORI District- Samastipur
======================================================
Dharmendra Kumar @ Dharmendra Rai S/O Shobha Rai R/O Village-
Hetanpur Teliya Gachhi Ward No. 10, P.S- Patori, District- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shankar Prasad Roy, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case
registered for the offences punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedents of seven cases and allegation is of
recovery of 178.200 litres of liquor from hut 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 even the hut does not belong to the petitioner. It is next
submitted that police in mechanical manner at the instance of
local person implicated the petitioner in the instant case. It is
reiterated and submitted that the hut does not belong to the
Patna High Court CR. MISC. No.60274 of 2025(3) dt.06-01-2026
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petitioner nor the FIR discloses the name of the person who
disclosed the name of the petitioner which also casts an
aspersion on the case of the prosecution. It is next submitted that
since petitioner has criminal antecedents, as such, he came to be
implicated in a case relating to excise also.
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-bonds in the
sum of Rs.35,000/- (Rupees Thirty Five Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Special Judge Excise Court-II, Samastipur in connection with
Patori Excise P.S. Patori-141/2024, subject to the conditions laid
down 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 bonds 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 seven cases,
Patna High Court CR. MISC. No.60274 of 2025(3) dt.06-01-2026
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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 seven cases, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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