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2026 DAILYLAW 7643 (PAT)

Dharmendra Kumar @ Dharmendra Kumar Sahani @ Dharmendr Kumar v. The State of Bihar

CR. MISC./17282/2026 · 2026-04-16

Satyavrat Verma

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17282 of 2026 Arising Out of PS. Case No.-119 Year-2024 Thana- BANJARIA District- East Champaran ====================================================== Dharmendra Kumar @ Dharmendra Kumar Sahani @ Dharmendr Kumar S/o Uma Sahani R/o vill- Jhakiya, Ps- Banjariya, District- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rajesh Kumar For the Opposite Party/s : Ms.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 16-04-2026 1. Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 272 and 273 of the I.P.C. and Sections 30(a), 41 and 45 of the Excise Act. 3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 8.640 litres of liquor from a shop. 4. 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 even alleged recovery is from a place, which does not belong to the petitioner and he came to be implicated at the instance of Chaukidar with Patna High Court CR. MISC. No.17282 of 2026(2) dt.16-04-2026 2/3 whom he is on an inimical term. It is also submitted that it is not the case of the prosecution that petitioner was indulging in trade of liquor rather is alleged that he created ruckus when accused were apprehended. 5. Learned A.P.P. opposes the anticipatory bail application. 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 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.5,000/- (Rupees Five 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 Banjariya P. S. Case No.119 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C. 7. The application stands allowed. 8. 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 one case, then it would be presumed that petitioner for the purposes of Patna High Court CR. MISC. No.17282 of 2026(2) dt.16-04-2026 3/3 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 one case only, in that event, the provisional anticipatory bail order shall be confirmed forthwith. vikash/- (Satyavrat Verma, J) U T