Allowed¶15

Dipak Kumar v. The State of Bihar

Patna HC16 Jun 2026CR. MISC./36875/2026

Case brief

AI extract

What is this about?

Anticipatory bail, provisional anticipatory bail, Bihar Prohibition and Excise (Amendment) Act Section 30(a), Section 482(2) BNSS, recovery of 15 litres liquor, clean antecedent verification, bail bond Rs.500/-, two sureties, Kalyanpur P.S. Case No.163 of 2026, East Champaran, Patna High Court, Cr. Misc. No.36875 of 2026, Justice Satyavrat Verma, 16-06-2026, Dipak Kumar vs State of Bihar.

What did the court decide?

Provisional anticipatory bail: release on arrest or surrender within six weeks on bail bond of Rs.500/- with two sureties of the like amount each, subject to conditions under Section 482(2) of the B.N.S.S., with confirmation contingent on trial-court verification of clean criminal antecedents. ¶15

Dipak Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, who apprehends arrest in Kalyanpur P.S. Case No.163 of 2026 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, is entitled to anticipatory bail.

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Court's answer

Anticipatory bail granted provisionally: in the event of arrest or surrender within six weeks, the petitioner is to be released on furnishing bail bonds of Rs.500/- with two sureties of the like amount each to the satisfaction of the trial court where the case is pending, in connection with Kalyanpur P.S. Case No.163 of 2026, subject to conditions under Section 482(2) of the B.N.S.S.

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Ratio / Principle

Confirmation of the provisional anticipatory bail is conditioned on the trial court verifying the petitioner's criminal antecedents: if even one prior case is found, it will be presumed the petitioner concealed his antecedents before the High Court and the provisional order shall not be confirmed; if verification shows clean antecedents, the provisional order shall be confirmed forthwith.

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Detailed headnote1 paragraphs

Anticipatory bail – Patna High Court grants provisional anticipatory bail under Section 482(2) of the B.N.S.S. to a petitioner apprehending arrest in Kalyanpur P.S. Case No.163 of 2026 for an offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, where the allegation is of recovery of 15 litres of liquor from a place near (adjacent to) the petitioner's house and not from his conscious possession – bail bond of Rs.500/- with two sureties of the like amount each, upon arrest or surrender within six weeks – confirmation of the provisional order made conditional on the trial court verifying the petitioner's criminal antecedents: concealment of even one prior case to defeat confirmation; verified clean antecedents to result in immediate confirmation.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36875 of 2026

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Arising Out of PS. Case No.-163 Year-2026 Thana- KALYANPUR District- East Champaran

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

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Dipak Kumar Son of Madan Rai @ Madan Ray Resident of village - Dhanichhapra, P.S.- Kalyanpur, District - East Champaran

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Md. Matloob Rab ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 16-06-2026

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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

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Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 15 litres of liquor from a place near the house of the petitioner. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner but then is adjacent to his house and he came to be implicated at the instance of chowkidar with whom he is on an inimical term.

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

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Patna High Court CR. MISC. No.36875 of 2026(2) dt.16-06-2026 2/2

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Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender 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 Kalyanpur P.S. Case No.163 of 2026, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

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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 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.

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(Satyavrat Verma, J)

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amit/- U T

Dipak Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dipak Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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