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Patna High Court

Dukhi KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                           3/3




                         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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