Patna High Court
Tulasi KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The anticipatory bail application was allowed, granting provisional bail subject to conditions.
Summary
Tulasi Kumar applied for anticipatory bail after a case was registered under Section 30(a) of the Excise Act for allegedly recovering 16.92 litres of liquor from a scooty he owned. He argued that he was not arrested at the scene, had no conscious possession of the liquor, and had a clean criminal record, asserting that ownership of the vehicle does not imply participation in the offence. The State opposed the bail, contending that the vehicle was used in the alleged crime. Justice Satyavrat Verma, considering the petitioner’s clean antecedent and lack of direct involvement, directed that provisional anticipatory bail be granted on a bond of Rs.500 with two sureties, subject to Section 438(2) of the Cr.P.C. The order also required the trial court to verify the petitioner’s antecedent and to confirm or revoke the bail accordingly.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Excise Act.
- Whether ownership of a vehicle used in the alleged offence is sufficient to deny anticipatory bail.
- Whether the petitioner’s clean antecedent and lack of possession justify granting anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- possession
- clean antecedent
- vehicle ownership
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10428 of 2026
Arising Out of PS. Case No.-297 Year-2025 Thana- HATHUA District- Gopalganj
======================================================
Tulasi Kumar S/o Rajbanshi Bhagat R/o Village - Semariya, P.S - Nautan,
District - Siwan, State - Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr/s.Priya Raj
For the Opposite Party/s : Mr.Kanhiya Kishor
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-02-2026 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
the petitioner is a person with clean antecedent and allegation is
of recovery of 16.92 litres of liquor from a scooty.
4. 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
scooty. It is next submitted that no prudent person would use his
own vehicle for committing a crime and thus, would create
Patna High Court CR. MISC. No.10428 of 2026(2) dt.24-02-2026
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evidence against himself and hence, would get implicated. It is
further submitted that petitioner was completely unaware that
his friend would misuse the vehicle in the manner as alleged
who also fled from the spot.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 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.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
Hathua P. S. Case No.297 of 2025, subject to the conditions laid
down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. 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 even one case, then it
would be presumed that petitioner for the purposes of obtaining
Patna High Court CR. MISC. No.10428 of 2026(2) dt.24-02-2026
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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 is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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