Dipak KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45753 of 2026
                   Arising Out of PS. Case No.-146 Year-2025 Thana- CHERIYA BARIYARPUR District-
                                                        Begusarai
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                 Dipak Kumar Son of Satyanarayan Sah R/O Vill.- Karrakh, Ward No.- 06,
                 P.S.- Bibhutipur, Distt.- Samastipur

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :      Ms. Bhawana Jha
                 For the Opposite Party/s :      Mr. Madan Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-07-2026                  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), 32(3), 41 of Bihar Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 510.375 litres of liquor from three motorcycles.

                                4. Learned counsel submits 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 one of the seized vehicle. It is next

                   submitted that no prudent person would use his own vehicle for
Patna High Court CR. MISC. No.45753 of 2026(2) dt.10-07-2026
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          committing an occurrence and thus would create evidence

          against himself and hence would get implicated. It is also

          submitted that the petitioner was completely unaware that his

          friend would misuse his vehicle in the manner as alleged, who

          also fled from the spot.

                       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 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 Cheriya Bariyarpur P.S. Case No.146 of 2025,

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

          the B.N.S.S.

                       7. 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
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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