Patna High Court
Dhuran Singh @ Dhurandhar Prasad Singh @ Dhurendra Prasad SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
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
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