Patna High Court
Dilip kumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties, surrender within six weeks, and verification of the petitioner’s criminal antecedent.
Summary
Dilip Kumar applied for anticipatory bail after the police registered a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 alleging recovery of 26 litres of liquor from a co‑accused’s possession and a garbage heap. The petitioner argued that nothing was recovered from his conscious possession, the alleged recovery site did not belong to him, and the FIR omitted the name of the informant who implicated him. The State opposed the bail, citing the petitioner’s prior case under the Excise Act. The Court, considering these submissions, granted provisional anticipatory bail conditioned on a Rs.5,000 bond with two sureties and a requirement to surrender within six weeks, subject to verification of his criminal antecedent. The order further stipulated that if more than one antecedent case is found, the bail would not be confirmed, whereas confirmation would follow if only one antecedent exists. The petitioner also undertook to deposit Rs.2,500 with the Patna High Court Lawyers’ Association.
Issues considered
- What is the appropriateness of granting anticipatory bail under Section 438 Cr.P.C. when the petitioner has a prior case under the Excise Act?
- Whether the lack of recovery from the petitioner’s conscious possession and omission of the informant’s name in the FIR affect the bail decision.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- excise law
- criminal antecedent
- provisional bail
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5437 of 2026
Arising Out of PS. Case No.-859 Year-2025 Thana- Excise P.S. District- Nawada
======================================================
Dilip kumar Son of Sunil Kumar @ Sunil Kumar Chaudhary Resident of
Village - Gandhi Tola Hisua, P.S. - Hisua, District -Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Deo Raj, Advocate
For the Opposite Party/s : Ms. Sharda Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-02-2026 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 Section 30(a) of the
Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 26 litres of liquor from possession of
the co-accused and from a heap of garbage.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner.
It is further submitted that petitioner came to be implicated at
the instance of the local person but then the name of the person
Patna High Court CR. MISC. No.5437 of 2026(2) dt.02-02-2026
2/3
who disclosed the name of the petitioner is not disclosed in the
FIR which casts an aspersion on the case of the prosecution. It is
next submitted that even Rajesh Kumar was arrested but he also
in his confession has not named the petitioner but then the
police in mechanical manner implicated the petitioner since he
has antecedent of one case under the Excise Act.
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, let 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.5,000/- (Rupees Five 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 Nawada
Excise P.S. Case No. 859 of 2025, subject to the conditions as
laid down under Section 438(2) of the Cr.P.C./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 if
it is found that petitioner has antecedent of more than one case,
Patna High Court CR. MISC. No.5437 of 2026(2) dt.02-02-2026
3/3
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only one case in that event the
provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.2,500/- with the Lawyers’ Association
of the Patna High Court within a period of two weeks from
today.
(Satyavrat Verma, J)
Kundan/-
U T
Checking your session…