Patna High Court
Dipak Kumar @ Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail is granted conditionally, subject to bail bonds, sureties and verification of the petitioner’s antecedents.
Summary
Dipak Kumar, the owner of a Scorpio, was implicated in a case (PS Case No. 448 of 2025) for the alleged recovery of 972 litres of liquor, an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for anticipatory bail, arguing that he has a clean antecedent, was not arrested at the spot, and had no conscious possession of the liquor; the vehicle was misused by his driver who fled. The State opposed the bail. The Court considered that ownership of the vehicle does not automatically imply participation in the offence and noted the petitioner’s clean record. Consequently, the Court granted provisional anticipatory bail, subject to a bail bond of Rs.500 with two sureties and verification of antecedents by the trial court. If any prior case is found, the bail may be revoked; otherwise, it will be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. in a case of alleged possession of liquor under the Bihar Prohibition and Excise Act
- Whether ownership of the vehicle used in the alleged offence creates a presumption of participation
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a) Bihar Prohibition and Excise Act
- vehicle ownership
- clean antecedent
- Cr.P.C. 438
- B.N.S.S. 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14680 of 2026
Arising Out of PS. Case No.-448 Year-2025 Thana- MAIRWAN District- Siwan
======================================================
Dipak Kumar @ Deepak Kumar Son of Daroga Pprasd Resident of village-
Baidohli, P.S.- Mairwa, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghav Prasad, Advocate
For the Opposite Party/s : Mr. Kanhiya Kishor, A.P.P.
======================================================
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 a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 972 litres of liquor from a Scorpio.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner 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 create evidence against himself and hence
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would get implicated. It is also submitted that petitioner was
completely unaware that his driver would misuse the vehicle in
the manner as alleged who also fled from the spot.
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, let 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 Mairwa P.S. Case No. 448 of 2025, subject
to the conditions as laid down under Section 438(2) of the
Cr.P.C./482(2) of the B.N.S.S.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of even one case, it
would be presumed that petitioner had concealed his antecedent
before this Court at para 3 of the anticipatory bail application in
that event the provisional anticipatory bail order shall not be
confirmed but if it is found on verification that petitioner is a
Patna High Court CR. MISC. No.14680 of 2026(2) dt.13-03-2026
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person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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