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Patna High Court

Dhananjay KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail for the petitioner, subject to verification of his criminal antecedents and compliance with the stipulated conditions.

Summary

The petitioner, Dhananjay Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 23.92 litres of liquor recovered from a fast‑food shop. He asserted a clean criminal record, denied ownership of the shop, and claimed the only evidence against him was a confessional statement made by his uncle Sharad while in police custody, which he argued lacked evidentiary value. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs 500 with two sureties and appear before the trial court within six weeks. The trial court was directed to verify the petitioner’s antecedents; if any prior case is found, the bail will not be confirmed, otherwise it will be confirmed forthwith. The order was made under Section 482(2) of the Criminal Procedure Code.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • Whether the confessional statement of Sharad, made in police custody, can be relied upon as evidence.
  • Whether the petitioner’s alleged involvement in the alleged liquor possession warrants denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • confessional statement
  • clean antecedent
  • Section 482 CrPC
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78517 of 2025
                         Arising Out of PS. Case No.-277 Year-2025 Thana- FATUA District- Patna
                 ======================================================
                 Dhananjay Kumar S/O Chotan Singh @ Chhotan Prasad R/o Vill. - Kolhar,
                 P.S.- Fatuha, Dist.- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Rai
                 For the Opposite Party/s :       Mr. Md. Nazir Ansari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   23-02-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 23.920 litres of liquor from a fast food shop. It is

                   next submitted that petitioner was not arrested from the spot as

                   such nothing was recovered from his conscious possession and

                   is not the owner of the shop and he came to be implicated based

                   on confessional statement of Sharad in police custody which

                   does not have any evidentiary value. It is also submitted that

                   Sharad is own uncle of the petitioner and they are having
Patna High Court CR. MISC. No.78517 of 2025(3) dt.23-02-2026
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          dispute relating to property, as such it appears that he falsely

          implicated the petitioner, when petitioner admittedly is a person

          with clean antecedent.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. 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 Court below

          within a period of six weeks from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.500/- (Rupees five hundred) 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 Fatuha

          P.S. Case No.277/2025, subject to the conditions as laid down

          under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner is a person with clean
             Patna High Court CR. MISC. No.78517 of 2025(3) dt.23-02-2026
                                                         3/3




                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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