Patna High Court
Dipak KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to verification of the petitioner’s antecedents and compliance with bail conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Dipak Kumar, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act for allegedly recovering 15 litres of liquor from a location adjacent to his house. He argued that he had no prior criminal record, the liquor was not found in his possession, and the accusation stemmed from a hostile watchman. The State opposed the bail, contending the seriousness of the offence. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.500 with two sureties and directing the trial court to verify the petitioner’s antecedents. If any prior case is discovered, the bail will not be confirmed; otherwise, it will be confirmed immediately.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act
- Whether the petitioner’s clean antecedent and lack of possession of the alleged liquor justify bail
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- clean antecedent
- Section 482 CrPC
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36875 of 2026
Arising Out of PS. Case No.-163 Year-2026 Thana- KALYANPUR District- East Champaran
======================================================
Dipak Kumar Son of Madan Rai @ Madan Ray Resident of village -
Dhanichhapra, P.S.- Kalyanpur, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar
For the Opposite Party/s : Mr. Md. Matloob Rab
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-06-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 15 litres of liquor from a place near the house of the
petitioner. It is next submitted that petitioner was not arrested
from the spot as such nothing was recovered from his conscious
possession and even alleged recovery is from a place which
does not belong to the petitioner but then is adjacent to his
house and he came to be implicated at the instance of chowkidar
with whom he is on an inimical term.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
Patna High Court CR. MISC. No.36875 of 2026(2) dt.16-06-2026
2/2
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender 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 Kalyanpur P.S. Case No.163 of 2026, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification 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)
amit/-
U T
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