Patna High Court
Dilkhush KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedent and compliance with the conditions under Section 438(2) Cr.P.C.
Summary
The petitioner, Dilkhush Kumar, applied for anticipatory bail under Section 438 of the Cr.P.C. after a case was registered against him for alleged offences punishable under Section 30(a) of the Excise Act involving the recovery of 330.840 litres of liquor from a pick‑up vehicle he owned. The petitioner argued that he was not arrested at the spot, had no conscious possession of the liquor, and was unaware that his vehicle would be misused by a third party, Rajesh. The State opposed the bail, contending that the petitioner’s antecedent criminal record was pending verification. The Court, noting that the antecedent report had not been produced and refusing to wait indefinitely, granted provisional anticipatory bail subject to a bond of Rs 10,000 with two sureties and a six‑week surrender condition. The order further stipulated that if the trial court later discovers more than two prior cases, the bail would be revoked; otherwise, it would be confirmed.
Issues considered
- Whether anticipatory bail can be granted in the absence of a completed antecedent criminal record report.
- Whether ownership of the seized vehicle suffices to implicate the petitioner under Section 30(a) of the Excise Act.
- What conditions should be imposed on the grant of anticipatory bail in this circumstance.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- vehicle ownership
- criminal antecedent
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27524 of 2026
Arising Out of PS. Case No.-9 Year-2026 Thana- JOKIHAT District- Araria
======================================================
Dilkhush Kumar S/o Badal Mandal R/o Village- Baijnathpur, Ward No.02,
P.S- Madhepura, Dist- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nishant Kumar Sinha
For the Opposite Party/s : Mr.Yogendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 23-06-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
by order dated 29.04.2026, the antecedent report of the
petitioner was called for, but the same till date has not been
received by this Court.
4. The Court will not wait endlessly for the
antecedent report.
5. The learned counsel for the petitioner submits that
the petitioner has antecedent of two cases and allegation is of
recovery of 330.840 litres of liquor from a pick-up vehicle.
Patna High Court CR. MISC. No.27524 of 2026(3) dt.23-06-2026
2/3
6. The learned counsel for the petitioner submits that
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
vehicle. It is next submitted that no prudent person would use
his own vehicle for committing a crime and thus, would create
evidence against himself and hence, would get implicated. It is
further submitted that petitioner was completely unaware that
Rajesh would misuse the vehicle in the manner as alleged as he
was also apprehended at the spot.
7. Learned A.P.P. opposes the anticipatory bail
application.
8. 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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.10,000/- (Rupees Ten 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 Jokihat P. S. Case No.09 of 2026, subject to the conditions
laid down under Section 438(2) of the Cr.P.C.
Patna High Court CR. MISC. No.27524 of 2026(3) dt.23-06-2026
3/3
9. The application stands allowed.
10. It is made clear that the learned trial Court
after accepting the provisional bail bonds of the petitioner shall
verify the criminal antecedent of the petitioner and in the event,
if it is found that petitioner has antecedent of more than two
cases, then it would be presumed that petitioner for the purposes
of obtaining anticipatory bail had concealed his antecedent
before this Court, in that event, the present provisional
anticipatory bail order shall not be confirmed, but if on
verification, it is found that petitioner has antecedent of two
cases only, in that event, the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
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