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Patna High Court

Dilip KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted to the petitioner subject to a bail bond, sureties, and verification of his criminal antecedent under Section 482(2) of the BNSS.

Summary

The petitioner, Dilip Kumar, sought anticipatory bail fearing arrest in a case involving alleged illegal liquor possession (1525 litres) and offences under IPC sections 272, 273, 420 and the Bihar Excise Act. He argued he has a clean antecedent, was not arrested on the spot, did not have the liquor in his conscious possession, and was not the owner of the vehicle from which the liquor was seized. The prosecution’s case relied mainly on a confessional statement made by a co‑accused, Rajendra, while in police custody, which the petitioner contended lacks evidentiary value. The Court, after hearing both sides, granted provisional anticipatory bail on the condition of a Rs.500 bail bond with two sureties, subject to verification of the petitioner’s criminal antecedent under Section 482(2) of the BNSS. The order stipulates that if any prior case is discovered, the bail will not be confirmed; otherwise, the provisional bail will be confirmed by the trial court.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the nature of the alleged offences and the evidence relied upon by the prosecution.
  • Whether a confessional statement made by a co‑accused in police custody can form a sufficient basis for arrest and denial of bail.
  • Whether the petitioner’s lack of possession and ownership of the seized vehicle impacts the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • IPC
  • Bihar Excise Act
  • confessional statement
  • liquor seizure
  • clean antecedent
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1348 of 2026
                  Arising Out of PS. Case No.-141 Year-2024 Thana- CHAPRA MUFFASIL District- Saran
                 ======================================================
                 Dilip Kumar Son of Virender Prasad R/o B-14 B, Gali No. 3, near Durga
                 Mandir, Kunwar Singh Nagar, Nangloi, West Delhi, Delhi- 110041

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Pushkar Prashant
                 For the Opposite Party/s :      Mr. Rabindar Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   21-01-2026               1.    Heard learned counsel for the petitioner and learned

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

                             2.    The petitioner apprehends his arrest in a case registered

                   for the offences punishable under Sections 272, 273 and 420 of IPC

                   and Sections 30(a) and 41(1) of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 1525 litres of liquor from a pickup vehicle.

                             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 is not the owner of the

                   seized vehicle and he came to be implicated based on confessional

                   statement of Rajendra in police custody which does not have any

                   evidentiary value.

                             5.    Learned A.P.P. for the State opposes the prayer for
              Patna High Court CR. MISC. No.1348 of 2026(2) dt.21-01-2026
                                                          2/2




                        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. 500/- (Rupees Five Hundred) 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 Muffasil P.S. Case No. 141 of 2024, 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 even 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 anticipatory bail order shall not be confirmed,

                        but after verification if it is found that petitioner is a person with

                        clean antecedent in that event the provisional anticipatory bail order

                        shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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