Dilip Prasad @ Dilip KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88300 of 2025
                   Arising Out of PS. Case No.-1410 Year-2025 Thana- AHIYAPUR District- Muzaffarpur
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                 Dilip Prasad @ Dilip Kumar S/O Maujelal Prasad @ Maujelal Bhagat
                 Resident of Village- Jhaphan Mohammadpur, (Mohmudpur), P.S.- Ahiyapur,
                 District- Muzaffarpur
                                                                        ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Nitu Kumari, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   20-01-2026                  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 Sections 30(a),

                   41(1) and 41(2) of the 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 2517.120 litres of liquor from a truck and two

                   different pick-up vehicles.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is not the owner of any of the seized vehicles and
Patna High Court CR. MISC. No.88300 of 2025(3) dt.20-01-2026
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          came to be implicated at the instance of the Chawkidar but then

          it is submitted that if the Chawkidar was aware of the

          involvement of the petitioner in the occurrence then why he did

          not inform the police prior to the institution of the instant FIR

          which casts an aspersion on the case of the prosecution, when

          petitioner admittedly is a person with clean antecedent.

                       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.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 Ahiyapur

          P.S. Case No. 1410 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 even one case, it

          would be presumed that petitioner had concealed his antecedent
           Patna High Court CR. MISC. No.88300 of 2025(3) dt.20-01-2026
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                     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 is a

                     person with clean antecedent in that event the provisional

                     anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T