Patna High Court
CR. MISC./57153/2026 of Dharmendra sahani @ Dharmendra kumar Nishad Vs The State of Bihar on 18 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57153 of 2026 Arising Out of PS. Case No.-509 Year-2026 Thana- MAHUA District- Vaishali ====================================================== Dharmendra sahani @ Dharmendra kumar Nishad Son of Late Vindeshwari Sahani @ Late Vindeshar Sahani
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57153 of 2026
Arising Out of PS. Case No.-509 Year-2026 Thana- MAHUA District- Vaishali ======================================================
Dharmendra sahani @ Dharmendra kumar Nishad Son of Late Vindeshwari Sahani @ Late Vindeshar Sahani Resident of village - Fular Paharpur, Ward no. 5, Karhatia Buzurg, Ps-Mahua, Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Ms. Harsha Shashwat, Adv
Mr.Hemant Ray
For the Opposite Party/s :
Mr.Mritunjay Kumar Nirala
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORAL ORDER
18-08-2026
1. Heard learned counsel for the petitioner, Ms. Harsha Shashwat 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(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the petitioner has antecedent of four cases under the Excise Act and allegation is of recovery of 271.050 litres of liquor from a corn field of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and the corn field is a place outside the house as such is accessible to villagers at large.
Patna High Court CR. MISC. No.57153 of 2026(2) dt.18-08-2026
It is next submitted that no prudent person would use his own field for committing an occurrence and thus would create evidence against himself and hence would get implicated and he came to be implicated based on secret information which is the easiest way to implicate someone. It is further submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically 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. 20,000/- (Rupees Twenty 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 Mahua P.S. Case No. 509 of 2026, subject to the conditions as laid down under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Patna High Court CR. MISC. No.57153 of 2026(2) dt.18-08-2026
Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of more than four 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 antecedent of four cases in that event the provisional anticipatory bail order shall be confirmed forthwith.
Sumit/- (Satyavrat Verma, J) U T