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Patna High Court

Chandan YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that anticipatory bail may be granted conditionally under Section 438 CrPC despite the petitioner’s ownership of the vehicle, subject to verification of his antecedents.

Summary

Chandan Yadav, the owner of a transport vehicle, was implicated in the seizure of 500 litres of codeine cough syrup allegedly being transported in his auto, leading to charges under Sections 30(a) and 47 of the Excise Act. He applied for anticipatory bail, arguing that he had a clean antecedent, was not in possession of the contraband at the time of seizure, and that the vehicle was being used by a third party driver. The State opposed the bail. The Patna High Court, applying Section 438(2) of the Criminal Procedure Code, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds and two sureties, and that the trial court verify his antecedent before confirming the bail. The order also stipulated that any undisclosed prior case would lead to the bail being withdrawn. The application was therefore allowed, subject to the stipulated conditions.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC to a vehicle owner implicated in an Excise Act offence.
  • Whether ownership of the vehicle used for the alleged offence creates sufficient grounds to deny bail.
  • Whether the petitioner’s clean antecedent influences the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • Section 30(a)
  • Section 47
  • Section 438 CrPC
  • vehicle ownership
  • clean antecedent
  • codeine cough syrup

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11396 of 2026
                     Arising Out of PS. Case No.-814 Year-2025 Thana- Excise P.S. District- Bhagalpur
                 ======================================================
                 Chandan Yadav S/o Late Fulo Yadav Resident of - Block Road, Mirjapur,
                 Naya Tola, Nurpur, P.S - Nathnagar, District - Bhagalpur

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Kumar Goutam
                 For the Opposite Party/s :        Mr.Chandra Bhushan Prasad- A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   06-04-2026                  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) and 47 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 500 litres of liquor codeine cough syrup from

                   Mahindra goods carriage auto.

                                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 auto.

                   It is next submitted that no prudent person would use his own
Patna High Court CR. MISC. No.11396 of 2026(4) dt.06-04-2026
                                            2/3




          vehicle for committing a crime and thus, would create evidence

          against himself and hence, would get implicated and at the same

          time, shall bring disrepute to his business. It is further submitted

          that no doubt, the codeine was recovered from the vehicle

          owned by him, but then, the petitioner is in a transport business.

          It is also submitted that the codeine was booked by Bsybees

          Logistic Company at Panipat for it being delivered to Saha Drug

          Agency at Naugachia, thereafter the codeine was brought to the

          godown of Ravi Enterprises at Bhagalpur from where the

          consignment was loaded on the vehicle of the petitioner which

          was being driven by Ravi accompanied by his son Adarsh when

          police apprehended the vehicle and Ravi along with Adarsh

          were arrested. It is next submitted that petitioner being owner

          came to be implicated when codeine was booked from Panipat

          for being delivered at Naugachia. It is also submitted that

          petitioner will not abscond rather will cooperate in the

          investigation to prove his innocence.

                       5. Learned A.P.P. Sri Chandra Bhushan Prasad

          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
               Patna High Court CR. MISC. No.11396 of 2026(4) dt.06-04-2026
                                                           3/3




                         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.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 Excise (Sadar) P. S. Case No.814 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

                         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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