Patna High Court
Dileep Kumar @ Dilip Kumar @ Dilip YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the application for anticipatory bail, granting it with specified conditions.
Summary
The petitioners, Dileep Kumar and Ranvir Kumar, were implicated in a police case (Matihani P.S. Case No. 42 of 2026) for alleged possession of 2.960 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. They applied for anticipatory bail, asserting innocence and clean antecedents, while the State opposed the relief. The court noted the small quantity involved and that the accused were not apprehended at the scene. Considering these factors, the court granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions of regular police station attendance and verification of antecedents. The order was made clear to be prima facie and not to affect the merits of the trial.
Issues considered
- Whether anticipatory bail should be granted to the accused under the circumstances of the case
- Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- Section 30(a)
- bail conditions
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38256 of 2026
Arising Out of PS. Case No.-42 Year-2026 Thana- MATIHANI District- Begusarai
======================================================
1. Dileep Kumar @ Dilip Kumar @ Dilip Yadav S/o Ramprakash Yadav
Resident of Village - Saidpur, Rampur, P.S.- Matihani, District - Begusarai.
2. Ranvir Kumar @ Randhir Yadav @ Ranvir Yadav S/o Ramprakash Yadav
Resident of Village - Saidpur, Rampur, P.S.- Maithani, District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amish Kumar No. I, Adv.
For the Opposite Party/s : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection
with Matihani P.S. Case No. 42 of 2026 registered for offences
under Section 30(a) of the Bihar Prohibition and Excise
(Amendment) Act, 2022.
3. As per the prosecution case, there is recovery of
2.960 litres of ilicit liquor.
4. Learned counsel for the petitioners submit that
the petitioners are innocent and have committed no offence.
Learned counsel submits that the names of the petitioners have
surfaced by the person, who had run away from the spot. The
petitioners claim clean antecedents.
Patna High Court CR. MISC. No.38256 of 2026(2) dt.17-06-2026
2/3
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the small amount recovered and the
fact that the petitioners were not caught on the spot, this
application for anticipatory bail stands allowed.
7. Accordingly, let the petitioners, above-named, in
the event of arrest or surrender within four weeks from today in
the Court below, be released on anticipatory bail on furnishing
bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each
with two sureties of the like amount each to the satisfaction of
learned Court below where the case is pending/successor Court
in connection with Matihani P.S. Case No. 42 of 2026, subject
to the conditions as laid down under Section 482(2) of the
B.N.S.S., also with further conditions that:-
(i) The petitioners shall mark their
attendance at Matihani Police Station on
first and third Sunday of each month. In the
event of default, the bail bonds shall be
liable to be cancelled.
(ii) At the time of acceptance of
bail bonds, the court below shall verify the
antecedents of the petitioners. The bail
bonds shall be accepted only upon
confirmation that the petitioners have no
criminal antecedents. However, such
Patna High Court CR. MISC. No.38256 of 2026(2) dt.17-06-2026
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verification shall not be used as a ground to
unnecessarily delay acceptance of the bail
bonds.
8. It is made clear that any observation made herein
is prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
sadique/-
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