Patna High Court

Dinkar KumarversusThe State of Bihar

Decided: 6 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the stipulated conditions.

Summary

The petitioner, Dinkar Kumar, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 167.4 litres of liquor from a vehicle he owned. He contended that he had a clean antecedent and that the liquor was not found in his conscious possession, asserting that he was unaware of any misuse of his vehicle by others. The State opposed his application for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on the furnishing of bail bonds and sureties, and directed verification of the petitioner’s criminal antecedent. The order stipulated that if any antecedent is discovered, the bail would not be confirmed, but if the petitioner is found to have a clean record, the bail would be confirmed forthwith.

Issues considered

Whether anticipatory bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Excise Act.
Whether the petitioner’s lack of conscious possession and clean antecedent justify the grant of anticipatory bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
excise law
seizure of liquor
vehicle ownership
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58758 of 2025
                    Arising Out of PS. Case No.-30 Year-2024 Thana- MURLIGANJ District- Madhepura
                 ======================================================
                 Dinkar Kumar S/O Upendra Paswan Resident of village- Bhirkhi, Ward No.
                 26, P.S.-Madhepura, Distt.-Madhepura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Raghaw Kumar
                 For the Opposite Party/s :      Mr.Jitendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   06-01-2026               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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 167.4 litres of liquor from a car.

                             4.    Learned counsel for the petitioner submits that the

                   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 use

                   his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.58758 of 2025(3) dt.06-01-2026
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          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that Ravi would misuse the vehicle in the manner as alleged,

          who was also apprehended from the spot along with Mankhush

          and Rikesh.

                   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 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.

          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

          Murliganj P.S. Case No. 30 of 2024, subject to the conditions as

          laid down under Section 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 in the

          event if it is found that petitioner has antecedent of even one case

          then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be
              Patna High Court CR. MISC. No.58758 of 2025(3) dt.06-01-2026
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                        confirmed, but after verification if 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)
Sumit/-

U         T

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