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Patna High Court

Ishwardhari DinkarversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                            2/3




          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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