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Patna High Court

DILIP RAI @ DILIP KUMARversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail with conditions, pending verification of the petitioners' criminal antecedents.

Summary

The petitioners, Dilip Rai and Pappu Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, alleging recovery of 276 litres of liquor from a field not belonging to them. They argued that they were not arrested at the spot, no liquor was found in their possession, and the FIR omitted the informant's name, casting doubt on the prosecution's case. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bond of Rs.5,000 and two sureties, and directed verification of the petitioners' criminal antecedents. It stipulated that if the antecedent records do not match, the bail would not be confirmed for those petitioners; otherwise, the bail would be confirmed. The order was made under Section 482(2) of the Criminal Procedure Code.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
  • Whether the absence of possession of the alleged liquor and the omission of the informant's name in the FIR justify granting bail.
  • Whether the petitioners' criminal antecedents affect the confirmation of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 482(2)
  • criminal antecedent
  • liquor seizure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45424 of 2026
                   Arising Out of PS. Case No.-102 Year-2026 Thana- RAJEPUR District- East Champaran
                 ======================================================
           1.     DILIP RAI @ DILIP KUMAR S/o Umashankar Rai @ Umashankar Yadav
                  Resident of village- Naraha, Ps- Rajepur, District- East Champaran
           2.    Pappu Kumar S/o Pramod Ray @ Pramod Rai Resident of village- Naraha,
                 Ps- Rajepur, District- East Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sugandh Saurabh
                 For the Opposite Party/s :       Mr. Ramesh Chandra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-07-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act, 2022.

                                3. Learned counsel for the petitioners submits that

                   petitioner no.1 has antecedent of one case and petitioner no.2 is

                   a person with clean antecedent and allegation is of recovery of

                   276 litres of liquor from a field at Panapur Sareh. It is next

                   submitted that petitioners were not arrested from the spot as

                   such nothing was recovered from their conscious possession and

                   even alleged recovery is from a place which does not belong to
Patna High Court CR. MISC. No.45424 of 2026(2) dt.08-07-2026
                                            2/3




          the petitioner and is accessible to villagers at large and they

          came to be implicated at the instance of local person but then

          the name of the person who disclosed the name of the petitioner

          is not disclosed in the FIR which casts an aspersion on the case

          of the prosecution, when petitioners have not been implicated

          based on secret information.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       5. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.5000/- (Rupees five thousand) each

          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 Rajepur P.S. Case No.102/2026, subject to

          the conditions as laid down under Section 482(2) of the

          B.N.S.S.

                       6. It is made clear that thereafter the learned trial court

          thereafter shall verify the criminal antecedents of the petitioners

          and in the event if it is found that petitioner no.1 has antecedent

          of more than one case and petitioner no.2 has antecedent of even
             Patna High Court CR. MISC. No.45424 of 2026(2) dt.08-07-2026
                                                         3/3




                       one case, in that event, it would be presumed that petitioners

                       had concealed their antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed with

                       respect to those petitioners whose criminal antecedent does not

                       tally but if after verification the criminal antecedent as recorded

                       hereinabove tallies with the petitioners in that event the

                       provisional anticipatory bail order shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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