Patna High Court
Dilip Kumar PatelversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that the petitioner is entitled to provisional anticipatory bail subject to verification of his antecedent and compliance with conditions under Section 482(2).
Summary
The petitioner, Dilip Kumar Patel, was implicated in a 2015 case involving alleged recovery of 3,800 litres of spirit from a truck, with charges under Sections 420, 414, 272, 273, 120B of the IPC and Section 47(A) of the Bihar Excise Act. He claimed to have a clean antecedent, asserted that the seized vehicle was not his and that the sale documents presented by the registered owner were sham. The petitioner sought anticipatory bail, arguing that he was not in possession of the contraband at the time of arrest. The State opposed the bail, contending the seriousness of the offences. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 with two sureties and directed verification of the petitioner’s criminal antecedent, reserving the right to cancel the bail if antecedents were found. The order was made under Section 482(2) of the BNSS, pending final confirmation by the trial court.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case involving alleged possession of illicit spirit and multiple IPC offences
- Whether the lack of ownership of the seized vehicle and alleged clean antecedent justify grant of bail
Legislation cited
- Indian Penal Code — s. 120B, 272, 273, 414, 420
Subjects
- anticipatory bail
- provisional bail
- vehicle seizure
- Bihar Excise Act
- Indian Penal Code
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14316 of 2026
Arising Out of PS. Case No.-1 Year-2015 Thana- DUMARIAGHAT District- East
Champaran
======================================================
Dilip Kumar Patel S/O Rampukar Patel R/V Nazirpur Prabhat Nagar, P.S-
Ahiyapur Dist-Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeet Kumar Singh
For the Opposite Party/s : Mr.Shyameshwar Dayal
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-03-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Dumariyaghat PS Case No. 1 of 2015 registered for the
offences punishable under Section 420, 414, 272, 273, 120B of
the IPC and Section 47(A) 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 3800 litres of spirit from a truck.
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 at the
Patna High Court CR. MISC. No.14316 of 2026(2) dt.13-03-2026
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instance of registered owner who produced sale letter
documents alleging that he had sold his vehicle to the petitioner.
It is next submitted that a specific averment is made at para-6
of the anticipatory bail application that petitioner is not the
owner of the seized vehicle. It is further submitted that
ownership of the vehicle was never transferred in the name of
the petitioner as such sale letter is a sham document produced
by the owner to save himself.
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 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 Dumariyaghat PS Case No. 1 of 2015, 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
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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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