Patna High Court
Dipak KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioners, subject to verification of their antecedents and compliance with the conditions imposed.
Summary
Petitioners Dipak Kumar and Sanjay Tiwary applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 3.6 litres of liquor. They argued that the liquor was located in a joint family house, that they had no conscious possession, and that they had clean or minimal criminal antecedents. The State opposed the bail. The High Court, after hearing counsel, granted provisional anticipatory bail on the condition that the petitioners furnish bail bonds of Rs.5,000 each with two sureties and that the Special Judge verify their criminal antecedents. The order stipulated that if verification reveals undisclosed antecedents, the bail would not be confirmed; otherwise, it would be confirmed. The application was allowed.
Issues considered
- Whether the petitioners are entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the court may condition anticipatory bail on verification of the petitioners' criminal antecedents under Section 482(2) of the B.N.S.S.
- Whether the fact that the alleged liquor was in a joint family property negates liability of the petitioners.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Section 30
- Bihar Prohibition and Excise Act
- criminal antecedent
- joint family property
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91402 of 2025
Arising Out of PS. Case No.-150 Year-2025 Thana- Jaitpur District- Muzaffarpur
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1. Dipak Kumar S/o- Paltu Rai Village- Amaitha PS- Jaitpur District-
Muzaffarpur
2. Sanjay Tiwary S/o- Binda Tiwary Village- Amaitha PS- Jaitpur District-
Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Anjana, Advocate
For the Opposite Party/s : Mr. Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no.1 is a person with clean antecedent and petitioner
no. 2 has antecedent of one case and allegation is of recovery of
3.6 litres of liquor from house of Devendra Rai. It is next
submitted that petitioners were not arrested from the spot, as
such, nothing was recovered from their conscious possession
and petitioner no.1 is own brother of Devendra Rai while
Patna High Court CR. MISC. No.91402 of 2025(2) dt.12-01-2026
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petitioner no.2 is a co-villager. It is next submitted that the
house in question is a joint family property, as such, it cannot be
alleged with certainty that it was petitioner no.1 who had kept
the liquor in the house or the liquor kept in the house was within
his knowledge and the petitioners came to be implicated based
on secret information which is the easiest way to implicate
someone.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, are directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in
the sum of Rs.5,000/- (Rupees Five Thousand) each with two
sureties of the like amount each to the satisfaction of learned
Special Judge, Excise Court No.-II, Muzaffarpur in connection
with Jaitpur P.S. Case No.150 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 petitioners shall
Patna High Court CR. MISC. No.91402 of 2025(2) dt.12-01-2026
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verify the criminal antecedent of the petitioners and in the event,
if it is found that petitioner no.1 has antecedent of even one case
and petitioner no.2 has antecedent of more than one case, then it
would be presumed that petitioners for the purposes of obtaining
anticipatory bail had concealed their antecedent before this
Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner no.1 is a person with clean antecedent and
petitioner no.2 has antecedents of only one case, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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