Dipu Ray @ Dipu Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Dipu Ray @ Dipu Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Provisional anticipatory bail: petitioner to be released on bail bonds of Rs. 10,000/- with two sureties of the like amount each upon arrest or surrender before the learned Trial Court within six weeks, subject to Section 482(2) BNSS conditions; confirmation deferred pending Trial Court verification of criminal antecedents.

Issue for consideration

Whether the petitioner, who apprehends arrest in Piprahi P.S. Case No. 273 of 2025 registered for offences under Section 30(a) of the Bihar Excise Act, is entitled to anticipatory bail. +1 more

Court's answer

Provisional anticipatory bail granted: in the event of arrest or surrender before the learned Trial Court within six weeks, the petitioner is to be released on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the Trial Court where Piprahi P.S. Case No. 273 of 2025 is pending, subject to the conditions laid down under Section 482(2) of the BNSS.

Ratio / Principle

If verification reveals the petitioner has antecedents of more than two cases, it will be presumed that he concealed his antecedents before this Court for the purpose of seeking anticipatory bail, and the provisional anticipatory bail order shall not be confirmed.

Key takeaways

If after verification the petitioner is found to have antecedents of two cases only, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶24

Detailed headnote1 paragraphs

ANTICIPATORY BAIL — PROVISIONAL GRANT WITH ANTECEDENT-VERIFICATION CONDITION: Petitioner apprehending arrest in Piprahi P.S. Case No. 273 of 2025 (Section 30(a), Bihar Excise Act) granted provisional anticipatory bail by the Patna High Court; upon arrest or surrender before the learned Trial Court within six weeks, he is to be released on bail bonds of Rs. 10,000/- with two sureties of the like amount each, subject to conditions under Section 482(2) BNSS. Confirmation of the provisional bail is made conditional on the Trial Court verifying the petitioner's criminal antecedents: if more than two cases are found, concealment will be presumed and the provisional order shall not be confirmed; if two cases only are found, the order shall be confirmed forthwith. Counsel had contended the petitioner was not apprehended from the spot, nothing was recovered from his conscious possession, the hut did not belong to him, and he was implicated at the instance of a Chowkidar with whom he is on inimical terms.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18308 of 2026

Arising Out of PS. Case No.-273 Year-2025 Thana- PIPRAHI District- Sheohar

======================================================

Dipu Ray @ Dipu Kumar S/O Virendr Ray @ Birendra Ray R/O VillageBelwa, P.S- Piprahi, Distt.- Sheohar.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Jainendra Kumar Pushkar, Advocate For the Opposite Party/s : Mr. Kalyan Shankar, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 25-03-2026

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that petitioner has antecedent of two cases out of which one case is under the Excise Act and allegation is of recovery of 180 liters of liquor from hut of the petitioner.

Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and it is asserted and pleaded at Para-11 that the hut does not belong to the petitioner and he came to be implicated at the instance of

Patna High Court CR. MISC. No.18308 of 2026(2) dt.25-03-2026 2/3

Chowkidar with whom he is on an inimical term. It is next submitted that if Chowkidar was aware of the involvement of the petitioner in the occurrence then why he did not inform the police prior to institution of the instant FIR which casts an aspersion on the case of the prosecution. It is also submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either at the instance of Chowkidar , local person, confessional statement or secret information without holding a proper investigation.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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. 10,000/- (Rupees Ten Thousand) 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 Piprahi P.S. Case No. 273 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.

It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the

Patna High Court CR. MISC. No.18308 of 2026(2) dt.25-03-2026 3/3

event if it is found that petitioner has antecedent of more than two cases 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 confirmed, but after verification if it is found that petitioner has antecedent of two cases only, in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J)

Rishabh/-

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