Patna High Court
Dharmendra Ray @ Dharmendra RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court granted provisional anticipatory bail, subject to conditions and verification of the petitioner’s criminal antecedents.
Summary
The petitioner, Dharmendra Ray, feared arrest in a case under Section 30(a) of the Bihar Excise Act alleging that 50 litres of liquor were recovered from his motorcycle. He argued that he was not in possession of the liquor, that the vehicle belonged to him, and that he was unaware of his friend's alleged misuse of the vehicle. The State opposed his request for anticipatory bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties and appear before the trial court within six weeks. The order was made subject to verification of the petitioner’s criminal antecedents; if more than two prior cases are found, the bail will not be confirmed, otherwise it will be confirmed immediately. The decision rests on the court’s inherent powers under Section 482(2) of the CrPC.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the CrPC in a case under Section 30(a) of the Bihar Excise Act.
- Whether ownership of the vehicle, without possession of the contraband, suffices to deny anticipatory bail.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- excise law
- possession
- vehicle ownership
- Section 30(a)
- Section 482
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.695 of 2026
Arising Out of PS. Case No.-90 Year-2025 Thana- PHENHARA District- East Champaran
======================================================
Dharmendra Ray @ Dharmendra Rai S/o Mathur Rai Resident of village-
Rupauliya Kumhrar, P.S.- Phenhara, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-01-2026 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
petitioner has antecedent of two cases under the excise act and
allegation is of recovery of 50 liters of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of the seized
vehicle. It is next submitted that no prudent person would use
his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.695 of 2026(2) dt.15-01-2026
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create evidence against himself and hence would get implicated,
it is also submitted that petitioner was completely unaware that
his friend would misuse the vehicle in the manner as alleged.
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 Phenhara
P.S. Case No. 90 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 Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
Patna High Court CR. MISC. No.695 of 2026(2) dt.15-01-2026
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verification if it is found that petitioner has antecedent of two
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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