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Patna High Court

Dinesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to bond, sureties and verification of antecedents, with confirmation contingent on the nature of the petitioner’s prior cases.

Summary

The petitioner, Dinesh Kumar, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 41 of the Bihar Excise Act and Section 414 of the IPC for alleged recovery of 80 litres of liquor from his motorcycle. He argued that he was not in possession of the liquor, that he was merely the owner of the vehicle, and that he was unaware of any misuse by a third party. The State opposed the bail. The Court granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and that the trial court verify his criminal antecedents within six weeks. If more than one prior case is found, the bail will not be confirmed; if only one prior case is found, the provisional bail will be confirmed. The order is made under Section 482(2) of the Bihar Negotiable Instruments (BNSS) and subject to verification of antecedents.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the circumstances.
  • Whether ownership of the vehicle, without possession of the contraband, suffices to justify denial of bail.
  • Whether the petitioner’s criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • vehicle ownership
  • criminal antecedent
  • Section 482
  • Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12507 of 2026
                       Arising Out of PS. Case No.-529 Year-2021 Thana- RAJAOLI District- Nawada
                 ======================================================
                 Dinesh Kumar S/O Naresh Yadav R/O Village- Bhalua Chobe, P.S- Sirdala,
                 Distt.- Nawada.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Nidhi Anand
                 For the Opposite Party/s :       Mr.Khurshid Anwar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   09-03-2026               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 offences punishable under Sections 30(a) and

                   41 of the Bihar Excise Act and Section 414 of the IPC.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of one case and allegation is of

                   recovery of 80 litres of liquor from a motorcycle.

                             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 he came to be

                   implicated based on the fact that he is owner of the seized

                   vehicle. It is next submitted that no prudent person would use

                   his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.12507 of 2026(2) dt.09-03-2026
                                            2/3




          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that Raju would misuse the vehicle in the manner as alleged,

          who was also apprehended from the spot along with Saurabh.

                   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.

          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 Rajauli

          P.S. Case No. 529 of 2021, subject to the conditions as laid

          down under Section 482(2) of the BNSS.

                   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 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
              Patna High Court CR. MISC. No.12507 of 2026(2) dt.09-03-2026
                                                          3/3




                        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.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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