Patna High Court
Dhananjay Kumar @ Dhananjay Chaudhary @ Sri MataversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent, with the bail to be confirmed only if he has no more than two prior cases.
Summary
The petitioner, Dhananjay Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning alleged recovery of 70 litres of liquor from a public water tank. He contended that the liquor was not in his conscious possession, the location did not belong to him, and the case was based solely on a confessional statement made by another accused, Vinod, while in police custody. The petitioner also highlighted his antecedent of two prior excise cases, arguing that the police had mechanically implicated him without proper investigation. The State opposed the grant of anticipatory bail. The High Court, after considering the submissions, ordered provisional anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and directed verification of the petitioner’s criminal antecedent. It further stipulated that if more than two prior cases are found, the bail would not be confirmed, whereas confirmation would follow if only two antecedents are verified.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Excise Act.
- Whether a confessional statement made by a co-accused in police custody can form the basis for arrest.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- police investigation
- prior convictions
- Section 30
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85042 of 2025
Arising Out of PS. Case No.-365 Year-2025 Thana- NASRIGANJ District- Rohtas
======================================================
Dhananjay Kumar @ Dhananjay Chaudhary @ Sri Mata S/o late Dhaneshwar
Choudhary Resident of Village- Hariharganj, ward no 14, P.S.- Nasriganj,
District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Siddharth Harsh
For the Opposite Party/s : Mr.Ajay Kumar No. 2
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 20-01-2026 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 two cases under the Excise Act and
allegation is of recovery of 70 litres of liquor from a bag near a
water tank.
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 even the alleged
recovery is from a place which does not belong to the petitioner
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and is accessible to public at large and he came to be implicated
based on confessional statement of Vinod 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. 10,000/- (Rupees
Ten 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 Nasriganj P.S. Case
No. 365 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 two
cases then it would be presumed that petitioner, for the purposes of
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seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner has
antecedent of two cases in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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