Patna High Court
Ishwardhari DinkarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of the petitioners' antecedents.
Summary
The petitioners, Ishwardhari Dinkar and Bhim Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning alleged recovery of 50 litres of liquor from the Sone river bank. They argued they have clean antecedents, no liquor was found in their possession, and the case is based solely on a confessional statement made by Nand Kishor Rai while in police custody, which they claim lacks evidentiary value. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on the petitioners furnishing bail bonds and sureties, and directed verification of their criminal antecedents. If any antecedent is discovered, the bail will not be confirmed; otherwise, the provisional order will be confirmed. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted when the allegation is based solely on a confessional statement made in police custody.
- Whether the absence of possession and the petitioners' clean antecedent justify the grant of anticipatory bail under Section 30(a) of the Bihar Excise Act.
Subjects
- anticipatory bail
- Bihar Excise Act
- confessional statement
- police custody
- clean antecedent
- Section 30
- liquor seizure
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67323 of 2025
Arising Out of PS. Case No.-1043 Year-2018 Thana- BIHTA District- Patna
======================================================
1. Ishwardhari Dinkar S/O Surendra Yadav Resident of Village- Katesar
(Moudahi), P.S.- Bihta (Moudahi), District- Patna
2. Bhim Kumar S/O Tejan Rai Resident of Village- Katesar (Moudahi), P.S.-
Bihta (Moudahi), District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailesh Kumar, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 07-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 50 liters of liquor from a bank of Sone river.
4. Learned counsel for the petitioners submits that
petitioner were not apprehended from the spot as such nothing
was recovered from their conscious possession and even alleged
recovery is from a place which does not belong to the
Patna High Court CR. MISC. No.67323 of 2025(3) dt.07-01-2026
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petitioners and is accessible to public at large and they came to
be implicated based on confessional statement of Nand Kishor
Rai in police custody which does not have any evidentiary
value.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioner above-named, in the
event of their 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.
500/- (Rupees Five Hundred) each 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 Bihta P.S.
Case No. 1043 of 2018 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 petitioners and
in the event if it is found that any of the petitioners have
antecedent of even one case then it would be presumed that
petitioners, for the purposes of seeking anticipatory bail, had
concealed their antecedent before this Court, as such, the
Patna High Court CR. MISC. No.67323 of 2025(3) dt.07-01-2026
3/3
provisional anticipatory bail order shall not be confirmed, but
after verification if it is found that petitioners are persons with
clean antecedent in that event the provisional anticipatory bail
order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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