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2026 DAILYLAW 23398 (PAT)

DILIP RAI @ DILIP KUMAR v. The State of Bihar

CR. MISC./45424/2026 · 2026-07-08

Satyavrat Verma

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45424 of 2026 Arising Out of PS. Case No.-102 Year-2026 Thana- RAJEPUR District- East Champaran ====================================================== 1. DILIP RAI @ DILIP KUMAR S/o Umashankar Rai @ Umashankar Yadav Resident of village- Naraha, Ps- Rajepur, District- East Champaran 2. Pappu Kumar S/o Pramod Ray @ Pramod Rai Resident of village- Naraha, Ps- Rajepur, District- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sugandh Saurabh For the Opposite Party/s : Mr. Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 08-07-2026 1. Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2022. 3. Learned counsel for the petitioners submits that petitioner no.1 has antecedent of one case and petitioner no.2 is a person with clean antecedent and allegation is of recovery of 276 litres of liquor from a field at Panapur Sareh. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and even alleged recovery is from a place which does not belong to Patna High Court CR. MISC. No.45424 of 2026(2) dt.08-07-2026 2/3 the petitioner and is accessible to villagers at large and they came to be implicated at the instance of local person but then the name of the person who disclosed the name of the petitioner is not disclosed in the FIR which casts an aspersion on the case of the prosecution, when petitioners have not been implicated based on secret information. 4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners. 5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.5000/- (Rupees five thousand) each 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 Rajepur P.S. Case No.102/2026, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. 6. It is made clear that thereafter the learned trial court thereafter shall verify the criminal antecedents of the petitioners and in the event if it is found that petitioner no.1 has antecedent of more than one case and petitioner no.2 has antecedent of even Patna High Court CR. MISC. No.45424 of 2026(2) dt.08-07-2026 3/3 one case, in that event, it would be presumed that petitioners had concealed their antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed with respect to those petitioners whose criminal antecedent does not tally but if after verification the criminal antecedent as recorded hereinabove tallies with the petitioners in that event the provisional anticipatory bail order shall be confirmed forthwith. amit/- (Satyavrat Verma, J) U T