Patna High CourtCR. MISC./27524/2026disposed

Dilkhush Kumar v. The State Of Bihar

2026-06-23Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27524 of 2026 Arising Out of PS. Case No.-9 Year-2026 Thana- JOKIHAT District- Araria ====================================================== Dilkhush Kumar S/o Badal Mandal R/o Village- Baijnathpur, Ward No.02, P.S- Madhepura, Dist- Madhepura.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nishant Kumar Sinha For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-06-2026

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that by order dated 29.04.2026, the antecedent report of the petitioner was called for, but the same till date has not been received by this Court.

4. The Court will not wait endlessly for the antecedent report.

5. The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 330.840 litres of liquor from a pick-up vehicle.

Patna High Court CR. MISC. No.27524 of 2026(3) dt.23-06-2026 2/3

6. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on the fact that he is owner of the seized vehicle. It is next submitted that no prudent person would use his own vehicle for committing a crime and thus, would create evidence against himself and hence, would get implicated. It is further submitted that petitioner was completely unaware that Rajesh would misuse the vehicle in the manner as alleged as he was also apprehended at the spot.

7. Learned A.P.P. opposes the anticipatory bail application.

8. 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, is directed to be released on provisional anticipatory bail on his furnishing bail-bonds in the sum 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 Jokihat P. S. Case No.09 of 2026, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.27524 of 2026(3) dt.23-06-2026 3/3

9. The application stands allowed.

10.

It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the 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 obtaining anticipatory bail had concealed his 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 has antecedent of two cases only, in that event, the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) vikash/- U T