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Patna High Court

Dhiraj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bail bond, sureties, deposit, and verification of his criminal antecedents.

Summary

The petitioner, Dhiraj Kumar, feared arrest in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 9.75 litres of liquor from sacks, which he claims were not in his possession and were located on property not belonging to him. He contended that the police had mechanically implicated him based on a chowkidar's statement without proper investigation. The State opposed his prayer for anticipatory bail. The High Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and a requirement to deposit Rs.2,500 with the Advocates’ Association, pending verification of his criminal antecedents. The court stipulated that if more than two prior cases are found, the bail would not be confirmed; if exactly two, it would be confirmed forthwith. The order was made under Section 482(2) of the BNSS, directing the trial court to verify antecedents.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioner under Section 30(a) of the Bihar Excise Act?
  • Whether the petitioner’s alleged lack of possession and the circumstances of the alleged recovery justify anticipatory bail?
  • Whether the conditions imposed, including verification of criminal antecedents, are lawful under Section 482(2) of the BNSS?

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • police investigation
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6577 of 2026
                       Arising Out of PS. Case No.-92 Year-2025 Thana- Garahara District- Begusarai
                 ======================================================
                 Dhiraj Kumar S/o Arjun Mahto R/o Village- Thakurichak Devisthan, P.S-
                 Garhara, Dist- Begusarai.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Shubhesh Pandey
                 For the Opposite Party/s :        Ms.Gulnar Begum
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-02-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 9.75 litres of liquor from sacks.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and petitioner has no concern with the sack and he came to be

                   implicated at the instance of Chowkidar but then it is submitted
Patna High Court CR. MISC. No.6577 of 2026(2) dt.04-02-2026
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          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. It is also

          submitted that at times Chowkidar implicates in order to save

          real culprits.

                   5.      Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   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 trial court within a

          period of six weeks from today, be released on Provisional

          anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees

          Ten Thousand) 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 Garhara P.S. Case

          No. 92 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 petitioner and in the

          event if it is found that petitioner has antecedent of more than two

          cases then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this
              Patna High Court CR. MISC. No.6577 of 2026(2) dt.04-02-2026
                                                          3/3




                        Court, as such, the provisional anticipatory bail order shall not be

                        confirmed, but after verification if it is found that petitioner has

                        antecedent of two cases in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.

                                 8.     At this stage, the learned counsel for the petitioner

                        based on instruction submits that petitioner undertakes to deposit

                        an amount of Rs. 2,500/- with Advocates’ Association, Patna High

                        Court within a period of two weeks from today.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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