Patna High Court
Dinesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The petitioner is entitled to provisional anticipatory bail, subject to conditions and verification of his antecedents.
Summary
The petitioner, Dinesh Kumar, owner of a truck from which 2664 litres of liquor were seized, applied for anticipatory bail, claiming he had no knowledge of the driver’s alleged misuse of the vehicle and that the liquor was not in his conscious possession. He argued that his clean antecedent and lack of direct involvement should preclude arrest. The State opposed the bail, contending the vehicle’s ownership linked him to the offence under the Bihar Prohibition and Excise Act, 2022. The Court considered the petitioner’s clean record, the absence of his personal possession of the liquor, and the principle that ownership alone does not establish culpability. Accordingly, the Court granted provisional anticipatory bail subject to a modest bond, sureties, and verification of antecedents, with confirmation contingent on a clean record. The order directs the trial court to verify antecedents and either confirm or dismiss the bail based on that verification.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite being the owner of the vehicle from which liquor was seized
- Whether ownership of the vehicle alone suffices to establish culpability under the Bihar Prohibition and Excise Act, 2022
Legislation cited
- Bihar Prohibition and Excise Act, 2022 — s. 30(a), 32(2)(3), 36, 41(1)(2)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- liquor seizure
- vehicle ownership
- clean antecedent
- Bihar Prohibition and Excise Act
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45053 of 2026
Arising Out of PS. Case No.-350 Year-2023 Thana- GAURICHAK District- Patna
======================================================
Dinesh Kumar Son of Mahender Singh Resident of village- Jurula, Gurugaon,
Police Station- Farukhnagar, District- Gurugaon Haryana
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Awadhesh Kumar
For the Opposite Party/s : Ms. Indu Kumari Srivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-07-2026 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 offence punishable under Sections 30(a), 32(2)
(3), 36, 41(1)(2) of Bihar Prohibition and Excise Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 2664 litres of liquor from a truck. It is next
submitted 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
his own vehicle for committing an occurrence and thus would
create evidence against himself and hence would get implicated.
Patna High Court CR. MISC. No.45053 of 2026(2) dt.03-07-2026
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It is also submitted that the petitioner was completely unaware
that his driver-cum-friend would misuse the vehicle in the
manner as alleged, who also fled from the spot. It is also
submitted that no prudent person by indulging in such act would
want to bring disrepute to his business.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
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 Gaurichak P.S. Case No.350/2023, 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
Patna High Court CR. MISC. No.45053 of 2026(2) dt.03-07-2026
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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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