Patna High Court
Dilip PatelversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure — s. 482(2)
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
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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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