Patna High Court
Dharmendra RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting provisional bail subject to conditions and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Dharmendra Ray, was implicated in a case registered under Section 317(5) of the B.N.S. and Section 30(a) of the Excise Act for the alleged recovery of 28.4 litres of liquor, of which 17.4 litres were said to have been recovered from a co‑accused, Subodh. The petitioner argued that he was not arrested at the scene, that no liquor was found in his possession, and that the case against him relied solely on Subodh's confessional statement made while in police custody, which he claimed lacked evidentiary value. He also submitted that his criminal antecedent of four prior cases had been placed on record, removing the defect pointed out by the investigating office. The State opposed the anticipatory bail application. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail subject to a bail bond of Rs.20,000 with two sureties and compliance with the conditions of Section 438(2) of the Cr.P.C. The order also stipulated that the trial court verify the petitioner’s antecedent and could cancel the bail if more than four prior cases are found.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code despite the allegations under the B.N.S. and Excise Act and his prior criminal antecedent.
Legislation cited
- B.N.S. — s. 317(5)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- criminal antecedent
- Excise Act
- B.N.S.
- bail bond
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87155 of 2025
Arising Out of PS. Case No.-304 Year-2025 Thana- SUPPI District- Sitamarhi
======================================================
Dharmendra Ray S/o Shrikant Ray R/o Village- Pakri Kothi, Pakri Parsa,
Ward No.6, P.S- Suppi, Dist- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dwij Raj
For the Opposite Party/s : Mr.Md. Iftekhar Mahmood
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The learned counsel for the petitioner submits that
the defects as pointed out by the office stands removed as the
criminal antecedent have been brought on record.
3. IN view of the submissions made by the learned
counsel appearing on behalf of the petitioner, the defects as
pointed out by the office is hereby ignored.
4. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 317(5) of the B.N.S. and Section 30(a) of the Excise
Act.
5. The learned counsel for the petitioner submits that
the petitioner has antecedent of four cases and allegation is of
Patna High Court CR. MISC. No.87155 of 2025(2) dt.22-01-2026
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recovery of 28.4 litres of liquor out of which 17.4 litres of liquor
is alleged to have been recovered from Subodh.
6. The learned counsel for the petitioner submits 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 confessional statement of Subodh in police
custody, which does not have any evidentiary value. It is next
submitted that police in majority of cases implicating innocent
persons either at the behest of Chaukidar, local person, secret
information and confessional statement in a mechanical manner
without holding a proper investigation.
7. Learned A.P.P. opposes the anticipatory bail
application.
8. 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-bonds in the
sum of Rs.20,000/- (Rupees Twenty 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 Suppi P. S. Case No.304 of 2025, subject to the
Patna High Court CR. MISC. No.87155 of 2025(2) dt.22-01-2026
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conditions laid down under Section 438(2) of the Cr.P.C.
9. The application stands allowed.
10. It is made clear that the learned trial Court
after accepting the provisional bail bonds 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 four
cases, then it would be presumed that petitioner for the purposes
of obtaining anticipatory bail had concealed his antecedent
before 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 antecedent of four
cases only, in that event, the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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