Patna High Court
Dukhi KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The application for anticipatory bail is allowed, granting provisional bail subject to verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Dukhi Kumar, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act, alleging recovery of 14.94 litres of liquor from a motorcycle. The petitioner claimed a clean antecedent and argued that the seized vehicle was not his, contending that the allegation was based on secret information. The State opposed the anticipatory bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his criminal antecedent. The court clarified that if any antecedent is found, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438 CrPC in a case under Section 30(a) of the Excise Act
- Whether the petitioner’s claim of clean antecedent and lack of ownership of the seized vehicle affect the grant of anticipatory bail
- What conditions should be imposed on the 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
- bail bond
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12706 of 2026
Arising Out of PS. Case No.-183 Year-2025 Thana- Nawalpur District- West Champaran
======================================================
Dukhi Kumar Son of Kamal Mukhiya @ Kamal Mukhiya @ Kalan Mukhiya
Resident of village - Nawalpur Ward No.- 5, P.S.- Nawalpur, District - West
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Niraj Kumar Sharma
For the Opposite Party/s : Mr.Khurshid Anwar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-03-2026 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 14.94 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. It has been
specifically pleaded at Para-11 that petitioner is not the owner of
the seized vehicle, but then, inadvertently in the order
Patna High Court CR. MISC. No.12706 of 2026(2) dt.09-03-2026
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impugned, it has been recorded that petitioner is the owner of
the seized vehicle and he came to be implicated based on secret
information, which is the easiest way to implicate someone.
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
Nawalpur P. S. Case No.183 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,
Patna High Court CR. MISC. No.12706 of 2026(2) dt.09-03-2026
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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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