Patna High Court
Dhiraj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail may be granted where the petitioner is not in actual possession of the seized liquor and the alleged involvement stems only from vehicle ownership, subject to verification of his criminal antecedents.
Summary
The petitioner, Dhiraj Kumar, applied for anticipatory bail after a case was registered under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act for allegedly recovering 4.875 litres of liquor from a motorcycle he owned. He argued that he was not in possession of the liquor, that the vehicle’s owner was not the one who committed the offence, and that he was unaware of his friend’s misuse of the vehicle. The State opposed the bail, contending that the petitioner had prior excise cases. The High Court, considering the submissions, granted provisional anticipatory bail on a bail‑bond of Rs 10,000 with two sureties, subject to verification of the petitioner’s criminal antecedents under Section 482(2) of the CrPC. The order stipulated that if more than two prior cases are found, the bail would not be confirmed; if only two are found, the provisional bail would be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted when the alleged offence is based solely on ownership of the vehicle and not on actual possession of the seized liquor.
- Whether the petitioner’s prior excise cases affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- excise law
- vehicle ownership
- criminal antecedent
- Bihar Prohibition and Excise Act
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83524 of 2025
Arising Out of PS. Case No.-279 Year-2025 Thana- EXCISE SHERGHATI District- Gaya
======================================================
Dhiraj Kumar S/O Birendra Singh R/O Village- Nega Bigha, P.S.- Madanpur,
Distt.- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Singh, Advocate
For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Section 30(a) and 32(3) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedents of two cases under the Excise Act and
allegation is of recovery of 4.875 litres of liquor from a
motorcycle. It is next submitted that petitioner was not arrested
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 create evidence
Patna High Court CR. MISC. No.83524 of 2025(3) dt.19-01-2026
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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.
4. Learned A.P.P. opposes the anticipatory bail
application.
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, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of learned Exclusive
Special Judge, Excise Court No.-III, Gaya in connection with
Excise P.S. Case No.279 of 2025, subject to the conditions laid
down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner 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
obtaining anticipatory bail had concealed his antecedent before
Patna High Court CR. MISC. No.83524 of 2025(3) dt.19-01-2026
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this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedents of only two cases, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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