Created by Fuzzy Cloud

Patna High Court

Dhuran Singh @ Dhurandhar Prasad Singh @ Dhurendra Prasad SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to verification of the petitioners' criminal antecedents.

Summary

The petitioners, Dhuran Singh and Manoj Singh, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of large quantities of liquor from a straw house and nearby premises. They argued that the liquor was not found in their conscious possession, that the straw house is a public area, and that the investigation relied on secret information without proper inquiry. The State opposed the bail, citing the seriousness of the offences and the petitioners' prior criminal records. The High Court granted provisional anticipatory bail conditioned on a bail bond of Rs. 50,000 with two sureties each, and directed verification of their criminal antecedents. The order stipulated that if the petitioners' antecedents exceed the disclosed numbers, the bail would not be confirmed; otherwise, it would be confirmed upon verification.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the BNSS in view of the alleged offences under Section 30(a) of the Bihar Excise Act.
  • Whether the recovery of liquor from a straw house and adjacent premises implicates the petitioners absent conscious possession.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • straw house
  • criminal antecedent
  • provisional bail
  • Section 482
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7480 of 2026
                       Arising Out of PS. Case No.-403 Year-2025 Thana- RIVILGANJ District- Saran
                 ======================================================
           1.     Dhuran Singh @ Dhurandhar Prasad Singh @ Dhurendra Prasad Singh S/o
                  Late Ramji Singh R/o vill - Nayka Barka Baiju Tola, P.S.- Rivilganj, Distt.-
                  Saran at Chapra
           2.    Manoj Singh @ Manoj Kumar Singh S/o Birendra Singh @ Virendra Singh
                 R/o vill - Nayka Barka Baiju Tola, P.S.- Rivilganj, Distt.- Saran at Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dewendra Narayan Singh, Advocate
                 For the Opposite Party/s :        Mr. Parmanand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-02-2026                  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

                   petitioner no. 1 has antecedent of 10 cases out of which six

                   cases are under the excise act and petitioner no. 2 has antecedent

                   of two cases under the excise act and allegation is of recovery of

                   224.64 liters of liquor from straw house of the petitioner no. 1

                   and 1635.084 liters of liquor from a place near the office of

                   Bihar State Road Construction Department.
Patna High Court CR. MISC. No.7480 of 2026(2) dt.19-02-2026
                                            2/3




                       4. Learned counsel for the petitioners submits that

          petitioners were not apprehended from the spot as such nothing

          was recovered from their conscious possession and straw house

          is a place outside the house and thus is accessible to public at

          large. It is next submitted that no prudent person would use his

          own premises for committing an occurrence and thus would

          create evidence against himself and hence would get implicated.

          It is next submitted that liquor was recovered from a place

          adjacent to the straw house of the petitioners, but then

          petitioners came to be implicated as recovery was shown from

          the straw house of petitioner no. 1. It is next submitted that

          petitioners have no concern with alleged recovery of liquor and

          they came to be implicated based on secret information which is

          the easiest way to implicate someone. It is also submitted 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.

                       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 petitioners above-named, in the
            Patna High Court CR. MISC. No.7480 of 2026(2) dt.19-02-2026
                                                        3/3




                      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.

                      50,000/- (Rupees Fifty Thousand) 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

                      Rivilganj P.S. Case No. 403 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 petitioners and in the

                      event if it is found that petitioner no. 1 has antecedent of more

                      than ten cases and petitioner no. 2 has antecedent of more than two

                      cases then it would be presumed that petitioners, for the purposes

                      of seeking anticipatory bail, had concealed their antecedent before

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

                      be confirmed, but after verification if it is found that petitioner no.

                      1 has antecedent of ten cases only and petitioner no. 2 has

                      antecedent of two cases only, in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.