Allowed¶21

Dharo Saw v. The State of Bihar

Patna HC25 Jun 2026CR. MISC./23896/2026

Case brief

AI extract

What is this about?

Patna High Court anticipatory bail provisional bail BNSS Section 482(2) Bihar Excise Act Section 30(a) Kavaiya/Kaviya P.S. Case No. 26 of 2026 Lakhisarai liquor recovery 25.5 litres joint family property antecedent verification concealment Satyavrat Verma 25-06-2026 Criminal Miscellaneous No. 23896 of 2026 Dharo Saw

What did the court decide?

Provisional anticipatory bail: release upon arrest or surrender before the trial court within six weeks, on bail bonds of Rs. 5,000/- with two sureties of the like amount each, subject to Section 482(2) BNSS conditions; confirmation contingent on trial-court verification of criminal antecedents (one case - confirm forthwith; more than one - provisional order not confirmed). ¶21

Dharo Saw Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, who apprehends arrest in P.S. Case No. 26 of 2026 (Thana Kavaiya, District Lakhisarai) registered for offences punishable under Section 30(a) of the Bihar Excise Act, should be granted anticipatory bail.

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Court's answer

Provisional anticipatory bail granted: petitioner, in the event of his arrest or surrender before the learned trial court within six weeks, to be released on bail bonds of Rs. 5,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) of the BNSS.

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Ratio / Principle

Trial Court directed thereafter to verify the criminal antecedent of the petitioner; if antecedent of more than one case is found, it would be presumed the petitioner concealed his antecedent before this Court and the provisional anticipatory bail order shall not be confirmed.

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Key takeaways

If verification finds the petitioner has antecedent of one case, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶24

Detailed headnote1 paragraphs

Anticipatory bail (provisional) granted - Dharo Saw v. The State of Bihar, Patna High Court, Criminal Miscellaneous No. 23896 of 2026, decided 25-06-2026 (Satyavrat Verma, J.). Petitioner apprehending arrest in P.S. Case No. 26 of 2026, Thana Kavaiya, District Lakhisarai, for offence punishable under Section 30(a) of the Bihar Excise Act (alleged recovery of 25.5 litres of liquor from his house) is granted provisional anticipatory bail, effective upon arrest or surrender before the learned trial court within six weeks, on bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) of the BNSS. Confirmation of the provisional order is made contingent on the trial court verifying the petitioner's criminal antecedents: if antecedent of one case is found, the provisional anticipatory bail order shall be confirmed forthwith; if antecedent of more than one case is found, it will be presumed the petitioner concealed his antecedents before the High Court and the provisional order shall not be confirmed. Counsel argued the petitioner was not arrested from the spot, the house was joint family property, the informant's name was undisclosed in the FIR, and that the 2018 amendment to the Excise Act did away with deemed possession and presumed offender.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23896 of 2026

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Arising Out of PS. Case No.-26 Year-2026 Thana- Kavaiya District- Lakhisarai

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Dharo Saw S/o Late Parmeshwar Saw @ Late Bachchu Saw R/o vill - Lal Babu Gali, ward no. 25, P.S.- Kavaiya, Dist.- Lakhisarai

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Rajive Ranjan Singh For the Opposite Party/s : Mr. Rabindra Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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4 25-06-2026

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1. Heard learned counsel for the petitioner and

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learned A.P.P. for the State, Sri Rabindra Kumar.

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2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

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3. Learned counsel for the petitioner submits that the petitioner has antecedent of one case under the Excise Act and allegation is of recovery of 25.5 litres of liquor from the house of the petitioner.

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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 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

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Patna High Court CR. MISC. No.23896 of 2026(4) dt.25-06-2026 2/3

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the house or the liquor kept in the house was within knowledge of the petitioner. It is next submitted that 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 at the instance of local people, but then the name of the person, who disclosed the name of the petitioner, is not disclosed in the FIR, which casts an aspersion on the case of the prosecution.

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5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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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. 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 Kaviya P.S. Case No. 26 of 2026 subject to the conditions as laid down under Section 482(2) of the BNSS.

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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 one

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Patna High Court CR. MISC. No.23896 of 2026(4) dt.25-06-2026 3/3

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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 has antecedent of one case in that event the provisional anticipatory bail order shall be confirmed forthwith.

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(Satyavrat Verma, J)

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Sumit/-

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U T

Dharo Saw v. The State of Bihar

Case brief

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Dharo Saw v. The State of Bihar

Case brief

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