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Patna High Court

Dhaneshwar PanditversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to conditions and verification of antecedents.

Summary

The petitioner, Dhaneshwar Pandit, feared arrest in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 128.625 litres of liquor from an e‑rickshaw. He argued that he was not arrested on the spot, no liquor was seized from his possession, he was not the vehicle's owner, and the case was based solely on a confessional statement made by an accused in police custody, which he claimed lacks evidentiary value. The State opposed his request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a Rs.5,000 bail bond, two sureties, and verification of the petitioner’s criminal antecedents. The court stipulated that if more than one prior case is found, the bail will not be confirmed; if only one prior case is found, the bail will be confirmed immediately.

Issues considered

  • Whether anticipatory bail should be granted in a case under the Bihar Excise Act where the alleged seizure was not from the petitioner’s possession and the charge is based on a confessional statement of an accused in police custody.

Subjects

  • anticipatory bail
  • excise law
  • confessional statement
  • bail conditions
  • criminal procedure
  • Section 30
  • Section 482
  • Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.824 of 2026
                     Arising Out of PS. Case No.-425 Year-2025 Thana- MADHUBANI TOWN District-
                                                       Madhubani
                 ======================================================
                 Dhaneshwar Pandit S/O Madhulal Pandit R/o Vill.- Baira Parsa, P.S.-
                 Jaynagar, District - Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ashok Kumar Alias Ashok Karn
                 For the Opposite Party/s :      Mr.Ganesh Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-01-2026               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 the

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 128.625 litres of liquor from a e-

                   rickshaw.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and is not the owner of

                   the seized vehicle and he came to be implicated based on
Patna High Court CR. MISC. No.824 of 2026(2) dt.19-01-2026
                                            2/3




          confessional statement of apprehended-accused in police

          custody which does not have any evidentiary value. It is further

          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 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. 5,000/- (Rupees

          Five 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 Madhubani Town P.S.

          Case No. 425 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 one

          case then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this
              Patna High Court CR. MISC. No.824 of 2026(2) dt.19-01-2026
                                                          3/3




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

                        confirmed, but after verification if it is found that petitioner has

                        antecedent of one case in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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