Dipak Kumar @ Dipak Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44567 of 2026 Arising Out of PS. Case No.-235 Year-2026 Thana- PHULPARAS District- Madhubani ====================================================== DIPAK KUMAR @ DIPAK KUMAR YADAV S/O Ramchandra Yadav Resident of Village- Saangi, Police Station- Phulparas, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nilendu Kumar Choudhary For the Opposite Party/s :
Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-07-2026 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 Section 30(a) of the Bihar Excise Act.
3.
Learned counsel for the petitioner submits that the petitioner has antecedent of two case under the Excise Act and allegation is of recovery of 738.36 litres of liquor from the shop of Mundrika Kumari.
4.
Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even the alleged recovery is from a shop which does not belong to the petitioner and he has no concern or relation with Mundrika, but then he
Patna High Court CR. MISC. No.44567 of 2026(2) dt.08-07-2026 2/3 came to be implicated based on confessional statement of Mundrika in police custody which does not have any evidentiary value. It is further 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.
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, 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 Phulparas P.S. Case No. 235 of 2026 subject to the conditions as laid down under Section 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 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
Patna High Court CR. MISC. No.44567 of 2026(2) dt.08-07-2026 3/3 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 in that event the provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J) Sumit/- U T