Patna High Court
Dinesh Kumar @ Dinesh PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedents.
Summary
The petitioner, Dinesh Kumar, was implicated in a case under Sections 30(a), 37 and 45 of the Bihar Prohibition and Excise (Amendment) Act, 2022 after 2.235 litres of liquor were recovered from a motorcycle and another motorcycle was seized. Although the liquor was not found in his possession and the bike from which it was recovered did not belong to him, his sons were apprehended on a different motorcycle registered in his name, leading to his implication. The petitioner, claiming a clean antecedent, applied for anticipatory bail. The court, after hearing both sides, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and a deposit of Rs.1500 with the Advocates’ Association, pending verification of his criminal record under Section 482(2) of the B.N.S.S. If any antecedent is found, the bail may be revoked; otherwise, it will be confirmed.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under Section 482(2) of the B.N.S.S. in light of the alleged recovery of liquor and vehicle seizure?
- Whether the ownership of the motorcycle and the involvement of the petitioner's sons justify the grant of anticipatory bail despite the alleged offence under the Bihar Prohibition and Excise (Amendment) Act, 2022?
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- liquor seizure
- vehicle ownership
- clean antecedent
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6432 of 2026
Arising Out of PS. Case No.-575 Year-2025 Thana- AURANGABAD TOWN District-
Aurangabad
======================================================
Dinesh Kumar @ Dinesh Prasad Son of Kishori Saw Resident of Mohalla -
Biratpur Aurangabad, P.S. - Town, Dist. - Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bindeshwar Prasad Singh
For the Opposite Party/s : Ms. Sucheta Yadav
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 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 Sections 30(a), 37,
45 of Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 2.235 litres of liquor from a motorcycle and one
another motorcycle was also seized. It is next submitted that
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and the motorcycle
from which liquor was recovered does not belong to the
petitioner but then he came to be implicated for the reason that
Patna High Court CR. MISC. No.6432 of 2026(2) dt.03-02-2026
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his sons were apprehended from another motorcycle and the
said motorcycle was registered in the name of the petitioner as
such petitioner being owner of the motorcycle from which his
sons were apprehended though no liquor was found he came to
be implicated.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
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 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 Town
P.S. Case No.575/2025, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
6. 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
Patna High Court CR. MISC. No.6432 of 2026(2) dt.03-02-2026
3/3
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.
7. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.1500/- with Advocates’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
amit/-
U T
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