Patna High Court
Dilip Kumar Singh @ Dilip KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Negotiable Securities Act — s. 482(2)
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
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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
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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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