Created by Fuzzy Cloud

Patna High Court

Dhiraj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                           3/3




                         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


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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