Patna High Court
Dipu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to verification of the petitioner’s antecedent and specified bail‑bond conditions.
Summary
The petitioner, Dipu Kumar, sought anticipatory bail after being implicated in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2016 for alleged recovery of 89.675 litres of liquor from two motorcycles, one of which he owned. He argued that he had no prior criminal record, was not in possession of the liquor at the time of seizure, and was unaware of any misuse of his vehicle by a friend. The State opposed the bail, contending that ownership of the vehicle linked the petitioner to the offence. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on the furnishing of bail bonds of Rs.500 with two sureties and verification of the petitioner’s antecedent. The order stipulated that if any prior case is discovered, the bail would be cancelled; otherwise, it would be confirmed. The application for anticipatory bail was therefore allowed.
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 a vehicle, without possession of the contraband, suffices to justify arrest under the Bihar Prohibition and Excise (Amendment) Act, 2016.
- Whether the conditions imposed under Section 482(2) are appropriate for granting provisional anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- liquor seizure
- vehicle ownership
- clean antecedent
- provisional bail
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59901 of 2025
Arising Out of PS. Case No.-101 Year-2025 Thana- EXCISE SHERGHATI District- Gaya
======================================================
Dipu Kumar S/o Jugeshwar Saw R/o Village- Main Road Ghaghar, P.S.-
Sherghati, Distt.- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 30(a) and
32(3) of Bihar Prohibition and Excise (Amendment) Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 89.675 litres of liquor from two different
motorcycles. 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 one of the seized vehicles. It is next
submitted that no prudent person would use his own vehicle for
committing an occurrence and thus, would create evidence
Patna High Court CR. MISC. No.59901 of 2025(3) dt.06-01-2026
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against himself and hence, would get implicated. It is also
submitted that petitioner was completely unaware that his friend
would misuse the vehicle in the manner as alleged.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. 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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of the learned Exclusive
Special Excise Court No.-3, Gaya in connection with Excise
Sherghati P.S. Case No.101 of 2025, subject to the conditions
laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner 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 obtaining
anticipatory bail had concealed his antecedent before this Court,
Patna High Court CR. MISC. No.59901 of 2025(3) dt.06-01-2026
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in that event, the present 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)
Sanjay/-
U T
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