Diwesh Singh @ Dhandhan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35178 of 2026 Arising Out of PS. Case No.-240 Year-2026 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Diwesh Singh @ Dhandhan Singh Son of Late Bharat Singh Resident of village- Renu Bigha PS -Aurangabad Muffasil District -Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Devesh Kumar Singh For the Opposite Party/s :
Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-06-2026
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 offence punishable under Sections 30(a), 33, 34 of Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that petitioner has antecedent of 16 cases, out of which, 3 cases are under the Excise Act and allegation is of recovery of 163.5 litres of liquor from XUV 500 vehicle. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of the seized vehicle and he came to be implicated based on the confessional statement of apprehended accused in police
Patna High Court CR. MISC. No.35178 of 2026(3) dt.25-06-2026 2/3 custody which does not have any evidentiary value. It is also submitted that of late police has started implicating accused having criminal antecedent in cases relating to excise for obvious reason, without holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5. 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.80,000/- (Rupees eighty 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 Town P.S. Case No.240/2026, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of more than 16 cases, in that event, it would be presumed that petitioner had concealed his antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed but if on verification it is found that petitioner has antecedent of 16
Patna High Court CR. MISC. No.35178 of 2026(3) dt.25-06-2026 3/3 cases, in that event the provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J) amit/- U T