Patna High Court
Dharmendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to verification of the petitioners' antecedents and compliance with the conditions imposed under Section 482(2) of the BNSS.
Summary
The petitioners, three residents of Badroi village, sought anticipatory bail fearing arrest in a case registered under Sections 30(a) and 30(d) of the Bihar Excise Act for the alleged recovery of 205 litres of liquor and two motorcycles from a brewery near the Paier river. They argued they have clean antecedents, were not in possession of the seized items, and were implicated only through the testimony of a chowkidar who had not reported them earlier. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioners surrender within six weeks, furnish bail bonds and sureties, and that the trial court verify their criminal antecedents. If any antecedent is discovered, the provisional bail will not be confirmed; if they are found to have a clean record, the bail will be confirmed. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted to the petitioners in a case under Sections 30(a) and 30(d) of the Bihar Excise Act.
- Whether the petitioners' claim of clean antecedent and lack of possession justifies provisional anticipatory bail.
- Whether the trial court must verify antecedents before confirming the bail.
Subjects
- anticipatory bail
- Bihar Excise Act
- liquor seizure
- clean antecedent
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91582 of 2025
Arising Out of PS. Case No.-81 Year-2020 Thana- MASAUDHI District- Patna
======================================================
1. Dharmendra Kumar S/O Bhushan Prasad R/O Village- Badroi, P.S -
Masaudhi, District- Patna
2. Birendra Kumar @ Bilendra Kumar S/O Bhusan Prasad R/O Village-
Badroi, P.S - Masaudhi, District- Patna
3. Ranjit Kumar S/O Surendra Prasad @ Sulendra Prasad @ Suresh Yadav R/O
Village- Badroi, P.S - Masaudhi, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Minu Kumari, Advocate
For the Opposite Party/s : Ms. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) and
30(D) of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 205 liters of liquor from a brewery near bank of
Paier river at village Bardoi along with two motorcycles.
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
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was recovered from their conscious possession and are not the
owner of any of the seized vehicles and they came to be
implicated at the instance of Chowkidar, but then it is submitted
that if Chowkidar was aware of the involvement of the
petitioners in the occurrence then why he did not inform the
police prior to institution of the instant FIR which casts an
aspersion on the case of the prosecution. It is next submitted that
even alleged recovery is from a place which does not belong to
the petitioners and is accessible to villagers at large.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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.
500/- (Rupees Five Hundred) each 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 Masaudhi
P.S. Case No. 81 of 2020 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 petitioners and in the
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event if it is found that any of the petitioners have antecedent of
even one case then it would be presumed that petitioners, for the
purposes of seeking anticipatory bail, had concealed their
antecedent before this Court, as such, the provisional anticipatory
bail order shall not be confirmed, but after verification if it is
found that petitioners are persons with clean antecedent, in that
event the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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