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Patna High Court

Dilip Kumar Singh @ Dilip KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court provisionally granted anticipatory bail to the petitioner, subject to verification of his criminal antecedents.

Summary

The petitioner, Dilip Kumar Singh, sought anticipatory bail after being implicated in a case under Sections 30(a) and 32(3) of the Bihar Excise Act for the alleged recovery of 19.650 litres of liquor from his motorcycle. He argued that he was not in possession of the liquor, that he was merely the owner of the vehicle, and that he was unaware of any misuse by a co‑accused. The State opposed the bail, contending that the petitioner was involved in the offence. The Court considered the submissions and granted provisional anticipatory bail, subject to a bail bond of Rs.5,000 with two sureties and a condition that the trial court verify the petitioner’s criminal antecedents. The order stipulated that if more than one prior case is found, the bail would be cancelled, whereas confirmation would follow if only one antecedent case is verified.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the circumstances.
  • Whether ownership of the vehicle, without possession of the seized liquor, suffices to implicate the petitioner.
  • Whether the petitioner’s criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • vehicle ownership
  • criminal antecedent
  • Bihar Excise Act
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26363 of 2026
                    Arising Out of PS. Case No.-1687 Year-2023 Thana- Excise P.S. District- Kishanganj
                 ======================================================
                 Dilip Kumar Singh @ Dilip Kumar Son of Daya Lal Singh Resident of
                 village Baisa Jurel Panchayat Tola, P.S.- Bahadurganj, District - Kishanganj.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ram Prawesh Kumar
                 For the Opposite Party/s :        Mr. Awadhesh Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-04-2026                  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 Sections 30(a) and

                   32(3) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 19.650 liters of liquor from a

                   motorcycle.

                                4. Learned      counsel for the petitioner submits that

                   petitioner was not apprehended 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

                   vehicle. It is next submitted that no prudent person would use
Patna High Court CR. MISC. No.26363 of 2026(2) dt.22-04-2026
                                            2/3




          his own vehicle for committing an occurrence and thus would

          create evidence against himself and hence would get implicated,

          it is also submitted that petitioner was completely unaware that

          Nayab would misuse the vehicle in the manner as alleged who

          was also apprehended along with Saheb.

                       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.

          5000/- (Rupees Five Thousand) 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 Madya

          Nisedh P.S. Case No. 1687 of 2023 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 more than 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.26363 of 2026(2) dt.22-04-2026
                                                        3/3




                      confirmed, but after verification if it is found that petitioner has

                      antecedent of one case only, in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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