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Patna High CourtCR. MISC./6432/2026disposed

Dinesh Kumar @ Dinesh Prasad v. The State Of Bihar

2026-02-03Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6432 of 2026 Arising Out of PS. Case No.-575 Year-2025 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Dinesh Kumar @ Dinesh Prasad Son of Kishori Saw Resident of Mohalla - Biratpur Aurangabad, P.S. - Town, Dist. - Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bindeshwar Prasad Singh For the Opposite Party/s :

Ms. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-02-2026

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 offence punishable under Sections 30(a), 37, 45 of Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 2.235 litres of liquor from a motorcycle and one another motorcycle was also seized. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and the motorcycle from which liquor was recovered does not belong to the petitioner but then he came to be implicated for the reason that

Patna High Court CR. MISC. No.6432 of 2026(2) dt.03-02-2026 2/3 his sons were apprehended from another motorcycle and the said motorcycle was registered in the name of the petitioner as such petitioner being owner of the motorcycle from which his sons were apprehended though no liquor was found he came to be implicated.

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

5. 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 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 Town P.S. Case No.575/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

6. 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

Patna High Court CR. MISC. No.6432 of 2026(2) dt.03-02-2026 3/3 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.

7. At this stage, the learned counsel for the petitioner based on instruction submits that petitioner undertakes to deposit an amount of Rs.1500/- with Advocates' Association, Patna High Court within a period of two weeks from today. (Satyavrat Verma, J) amit/- U T