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Patna High Court

Dinesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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