Dharm Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18906 of 2026 Arising Out of PS. Case No.-88 Year-2025 Thana- MORKAHI District- Khagaria ====================================================== Dharm Kumar Son of Lucho Sah Resident of village- Kalwara, Ps- Amausi, (Morkahi), Dist- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s :
Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-04-2026
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(d) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 500 liters of Jawa Mahua from a place behind the house of petitioner and 495 liters of Jawa Mahua was destroyed.
4. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner, but then is adjacent to his house, as such, he came to be
Patna High Court CR. MISC. No.18906 of 2026(2) dt.16-04-2026 2/3 implicated at the instance of Chowkidar with whom he is on an inimical term. It is next submitted that if Chowkidar was aware of the involvement of the petitioner 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 police in majority of the case is implicating accused in cases relating to excise 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. 500/- (Rupees Five Hundred) 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 Morkahi P.S. Case No. 88 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
Patna High Court CR. MISC. No.18906 of 2026(2) dt.16-04-2026 3/3 event if it is found that petitioner has antecedent of even one case then it would be presumed that petitioner, for the purposes of 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 is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Rishabh/- U T