Patna High Court

Dipu Kumar @ Deepu KumarversusThe State of Bihar

Decided: 22 April 2026
Disposal: BAIL REJECTED
Bench: ANIL KUMAR SINHA

Holding

The court denied anticipatory bail to the petitioner.

Summary

The petitioner, Dipu Kumar, applied for anticipatory bail after police recovered 2.25 litres of illicit liquor from his rented ancestral house during a raid under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The petitioner claimed innocence, arguing that the house is jointly occupied and that he was identified solely based on local testimony. The prosecution opposed the bail, highlighting that the liquor was found in the petitioner’s premises and that he had concealed multiple prior criminal cases. The court noted the concealment of antecedent cases and the presence of contraband at the petitioner’s residence. Consequently, the court declined to grant anticipatory bail and dismissed the application.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise Act, 2016 given the recovery of illicit liquor from his premises.
Whether the petitioner’s concealment of prior criminal antecedents warrants denial of anticipatory bail.

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 30(a)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
illicit liquor
criminal antecedents
bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA

                              CRIMINAL MISCELLANEOUS No.24266 of 2026
                     Arising Out of PS. Case No.-178 Year-2026 Thana- GARDANIBAG District- Patna
                 ======================================================
                 Dipu Kumar @ Deepu Kumar S/o Chandra Mohan Chaudhary R/O . - Road
                 no 10, Durga Mandir, Pakki Talab,P.S. -Gardanibagh, Distt -Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sanjay Kumar
                 For the Opposite Party/s :      Mr.Kumar Ranjit Ranjan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

                                                  ORAL ORDER

2   22-04-2026         1.   Heard learned Counsel for the petitioner and learned

                            Additional Public Prosecutor for the State.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Gardanibagh Police Station Case No. 178 of 2026,

                            dated 28.02.2026, disclosing offence under Section 30 (a)

                            of the Bihar Prohibition and Excise Act, 2016.

                       3.   The prosecution case, as per the First Information Report,

                            is that the police raided the house of the petitioner and on

                            seeing the police, the petitioner fled away. On search of

                            the house of the petitioner, the police recovered 2.25 litres

                            of illicit liquor. The local persons disclosed the name of

                            the person who fled away as the petitioner.

                       4.   Learned Counsel for the petitioner submits that the
Patna High Court CR. MISC. No.24266 of 2026(2) dt.22-04-2026
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                   petitioner is innocent and has falsely been implicated in

                   this case. He further submits that the house, from where

                   illicit liquor has been recovered, is a joint ancestral rented

                   house in which other tenants also live. He further submits

                   that he has been named in the present case on the basis of

                   disclosure made by the local persons.

              5.   On the other hand, learned Additional Public Prosecutor

                   vehemently opposes the prayer for grant of anticipatory

                   bail and submits that the illicit liquor has been recovered

                   from the house of the petitioner. He further submits that

                   the petitioner has disclosed only one criminal antecedent

                   in the present application for grant of anticipatory bail;

                   whereas in a regular bail application filed by the

                   petitioner in connection with Phulwarisharif Police

                   Station Case No. 337 of 2024, bearing Criminal Misc.

                   No. 30840 of 2024, the present petitioner has disclosed

                   four other criminal cases in which he is involved.

              6.   Regards being had to the submission advanced on behalf

                   of the parties concerned and taking into consideration the

                   concealment of criminal antecedents of the petitioner, I

                   am not inclined to grant the petitioner privilege of

                   anticipatory bail.
            Patna High Court CR. MISC. No.24266 of 2026(2) dt.22-04-2026
                                                        3/3




                          7.   This application is, accordingly, dismissed.



                                                                           (Anil Kumar Sinha, J.)
Prabhakar Anand/-

U √     T   √

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