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Patna High Court

Dilip PatelversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail is granted conditionally, subject to a bail bond, sureties, and verification of the petitioner’s antecedent.

Summary

The petitioner, Dilip Patel, applied for anticipatory bail after an FIR was lodged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging possession of liquor recovered from locations not belonging to him. He asserted that he has a clean antecedent and that the complaint was filed by a hostile chowkidar who failed to inform police earlier, suggesting false implication. The State opposed the bail. The Patna High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to verification of his criminal antecedent and compliance with Section 482(2) of the CrPC. The court clarified that if any antecedent is discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith. The application for anticipatory bail was allowed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
  • Whether the circumstances, including lack of arrest and alleged false implication, justify granting anticipatory bail.
  • Whether the conditions imposed under Section 482(2) of the CrPC are appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30
  • Bihar Prohibition and Excise Act
  • false implication
  • clean antecedent
  • Section 482(2) CrPC
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14403 of 2026
                   Arising Out of PS. Case No.-453 Year-2024 Thana- NAUTAN District- West Champaran
                 ======================================================
                 Dilip Patel Son of Vikau Patel Residence of Village - Badka Banhaura, P.S. -
                 Nautan, District - West Champaran at Bettiah.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Binay Kumar, Advocate
                 For the Opposite Party/s :       Mr. Arun Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 23.76 litres of liquor from a place near sugarcane

                   field and 16.74 litres of liquor from orchard of Baidyanath

                   Prasad. It is next submitted that petitioner was not arrested from

                   the spot, as such, nothing was recovered from his conscious

                   possession and even alleged recovery is from a place which

                   does not belong to the petitioner and he came to be implicated at

                   the instance of Chowkidar with whom he is on an inimical term.
Patna High Court CR. MISC. No.14403 of 2026(2) dt.13-03-2026
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          It is submitted that if Chowkidar was aware of the involvement

          of the petitioner in the occurrence then why he did not inform

          the police prior to institution of the instant FIR, which casts an

          aspersion on the case of the prosecution. It is also submitted that

          it appears that Chowkidar in order to save the real culprit falsely

          implicated the petitioner, when petitioner admittedly is a person

          with clean antecedent.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. 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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bond in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of learned Special Judge

          (Excise) 1st, Bettiah, West Champaran in connection with

          Nautan P.S. Case No.453 of 2024, subject to the conditions laid

          down under Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bond of the petitioner shall verify
               Patna High Court CR. MISC. No.14403 of 2026(2) dt.13-03-2026
                                                           3/3




                         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 obtaining

                         anticipatory bail had concealed his antecedent before this Court,

                         in that event, the present provisional anticipatory bail order shall

                         not be confirmed, but if on verification, 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)

Sanjay/-

U          T


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