Patna High Court
DIPAK KUMAR @ DIPAK KUMAR YADAVversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his criminal antecedents.
Summary
The petitioner, Dipak Kumar Yadav, feared arrest in a case under Section 30(a) of the Bihar Excise Act alleging the recovery of 738.36 litres of liquor from a shop owned by Mundrika Kumari. He contended that he was not present at the shop, had no possession of the liquor, and was implicated solely on the basis of Mundrika’s confessional statement made in police custody, which he argued lacked evidentiary value. The petitioner also disclosed two prior cases under the Excise Act and sought anticipatory bail. The State opposed the bail application. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on the petitioner surrendering within six weeks, furnishing a bail bond of Rs.10,000 with two sureties, and subject to verification of his criminal antecedents under Section 482(2) of the CrPC. The order stipulated that if the petitioner is found to have more than two prior cases, the bail would not be confirmed; if only two cases are found, the bail would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Excise Act given the circumstances of the alleged offence.
- Whether the confessional statement of the shop owner made in police custody can form a basis for implicating the petitioner.
- Whether the petitioner’s prior two cases under the Excise Act affect the grant of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- prior convictions
- Section 30(a)
- Section 482(2)
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44567 of 2026
Arising Out of PS. Case No.-235 Year-2026 Thana- PHULPARAS District- Madhubani
======================================================
DIPAK KUMAR @ DIPAK KUMAR YADAV S/O Ramchandra Yadav
Resident of Village- Saangi, Police Station- Phulparas, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nilendu Kumar Choudhary
For the Opposite Party/s : Mr.Rana Randhir Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-07-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of two case under the Excise Act and
allegation is of recovery of 738.36 litres of liquor from the shop
of Mundrika Kumari.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a shop which does not belong to the petitioner
and he has no concern or relation with Mundrika, but then he
Patna High Court CR. MISC. No.44567 of 2026(2) dt.08-07-2026
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came to be implicated based on confessional statement of
Mundrika in police custody which does not have any
evidentiary value. It is further submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically either at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation.
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. 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 Phulparas P.S. Case
No. 235 of 2026 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 two
cases then it would be presumed that petitioner, for the purposes of
Patna High Court CR. MISC. No.44567 of 2026(2) dt.08-07-2026
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seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner has
antecedent of two cases in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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