Patna High Court
Dayanand PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted under Section 438(2) of the Cr.P.C., subject to verification of the petitioner’s antecedent and compliance with the stipulated conditions.
Summary
The petitioner, Dayanand Prasad, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 15 litres of liquor from a motorcycle. The petitioner argued that he was not arrested at the spot, the liquor was not found in his conscious possession, and he was implicated based on secret information without proper investigation. The State opposed the anticipatory bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.5,000 with two sureties, subject to verification of his criminal antecedents. The order stipulated that if more than one antecedent case is found, the bail would not be confirmed; if only one antecedent is found, the provisional bail would be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Excise Act.
- Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail.
- Whether the absence of seizure from the petitioner’s conscious possession justifies anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438
- Excise Act
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10755 of 2026
Arising Out of PS. Case No.-65 Year-2025 Thana- AUANGARI District- Nalanda
======================================================
Dayanand Prasad Son of Kapil Prasad Resident of Village - Tara Bigha, Milki
Par, Police Station - Parbalpur, District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bijendra Kumar
For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara
======================================================
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 has antecedent of one case as would manifest from
supplementary affidavit and allegation is of recovery of 15 litres
of liquor from a motorcycle.
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 is not the owner of
the seized motorcycle and he came to be implicated based on
secret information, which is the easiest way to implicate
Patna High Court CR. MISC. No.10755 of 2026(2) dt.24-02-2026
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someone without holding a proper investigation.
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.5,000/- (Rupees Five 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 ABP No.830 of 2025 arising out of Aungari P. S. Case
No.65 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 more than one case, 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
Patna High Court CR. MISC. No.10755 of 2026(2) dt.24-02-2026
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order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of one case only, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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