Dinesh Kumar @ Dinesh Sah @ Kala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23086 of 2026 Arising Out of PS. Case No.-31 Year-2026 Thana- Karvandiya District- Rohtas ====================================================== Dinesh Kumar @ Dinesh Sah @ Kala S/o Rajkumar Sah Resident of VillageAmra Talab, Sah Tola, PS- Karavandiya, District- Rohtas ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Siddharth Harsh For the Opposite Party/s :

Mr. Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-04-2026 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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of three cases under the Excise Act and allegation is of recovery of 132.17 liters of liquor from house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and the house in question is a joint family property, as such, it cannot be alleged with certainty that it was petitioner who had kept the liquor in

Patna High Court CR. MISC. No.23086 of 2026(2) dt.08-04-2026 2/3 the house or the liquor kept in the house was within his knowledge and after amendment in the Excise Act in the year 2018, the concept of deemed possession and presumed offender has been done away with and he came to be implicated based on the confessional statement of his father, namely, Raj Kumar in police custody which does not have any evidentiary value. It is next submitted that no father would implicate his own son until is pressurized. It is further submitted that petitioner in similar manner earlier also came to be implicated in cases relating to Excise.

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 within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen 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 Karwandiya P.S. Case No. 31 of 2026 subject to the conditions as laid down under Section 482 (2) of the BNSS.

Patna High Court CR. MISC. No.23086 of 2026(2) dt.08-04-2026 3/3

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 three cases 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 has only three criminal antecedents in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) Gaurav Sinha/- U T