Patna High Court
Dinesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail for the petitioner, subject to verification of his antecedent and compliance with the conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Dinesh Kumar, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 756 litres of liquor from a pickup vehicle and a motorcycle that he owned. He contended that he had a clean antecedent, was not in possession of the liquor at the time of arrest, and was unaware that the vehicle would be used for the alleged offence. The State opposed his application for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to the petitioner furnishing a bail bond of Rs.500 with two sureties and pending verification of his criminal antecedent. The order stipulated that if any prior case is discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the petitioner’s ownership of the vehicle suffices to implicate him under Section 30(a) of the Bihar Excise Act
- Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for provisional anticipatory bail
Legislation cited
- Bihar Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- clean antecedent
- provisional bail
- Section 482(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18700 of 2026
Arising Out of PS. Case No.-29 Year-2026 Thana- BYPASS District- Patna
======================================================
Dinesh Kumar S/O Bindeshwari Prasad @ Sri Bindeshwar Prasad R/O Vill.-
Panchrukhi, P.S.- Bheldi, Dist.- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjit Kumar Thakur
For the Opposite Party/s : Ms.Meena Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 25-03-2026 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 offences punishable under Section 30(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 756 litres of liquor from a pickup vehicle and a
motorcycle.
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 he came to be
implicated based on the fact that he is owner of the seized
motorcycle. It is next submitted that no prudent person would
Patna High Court CR. MISC. No.18700 of 2026(2) dt.25-03-2026
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use his own vehicle for committing an occurrence and thus
would create evidence against himself and hence would get
implicated, it is further submitted that petitioner was completely
unaware that Harsh would misuse the vehicle in the manner as
alleged, who was also apprehended 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, 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 Bypass
P.S. Case No. 29 of 2026, 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
Patna High Court CR. MISC. No.18700 of 2026(2) dt.25-03-2026
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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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