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Patna High Court

Shiv Prasad Gupta @ Sheo Prasad GuptaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that anticipatory bail may be granted conditionally under Section 438 Cr.P.C. when the petitioner has a clean antecedent and is not in actual possession of the alleged contraband, subject to verification of his antecedent.

Summary

Shiv Prasad Gupta applied for anticipatory bail under Section 438 of the Cr.P.C. in a case registered under Section 30(a) of the Excise Act for alleged recovery of liquor from his motorcycle and a car. He argued that he has a clean antecedent, was not in possession of the liquor at the time of seizure, and was unaware that his friend misused his vehicle. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds and sureties, subject to verification of his antecedent. The court stipulated that if any prior case is found, the bail would be withdrawn; otherwise, it would be confirmed. The application was allowed conditionally.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 Cr.P.C. for offences under Section 30(a) of the Excise Act when the accused is not in actual possession of the contraband.
  • Whether the petitioner’s clean antecedent is a requisite condition for granting anticipatory bail.
  • What conditions may be imposed on provisional anticipatory bail in such circumstances.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • liquor seizure
  • clean antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13142 of 2026
                         Arising Out of PS. Case No.-1325 Year-2022 Thana- BIHTA District- Patna
                 ======================================================
                 Shiv Prasad Gupta @ Sheo Prasad Gupta S/O Subhash Chandra Gupta R/O
                 Bihta, P.S.- Bihta, Distt.- Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Saket Tiwary
                 For the Opposite Party/s :        Ms.Gulnar Begum
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-03-2026                  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 40 litres of liquor from a motorcycle and 360

                   litres of liquor from an Alto car.

                                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

                   motorcycle. It is next submitted that no prudent person would
Patna High Court CR. MISC. No.13142 of 2026(2) dt.10-03-2026
                                            2/3




          use his own vehicle for committing a crime and thus, would

          create 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

          Bihta P. S. Case No.1325 of 2022, 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
               Patna High Court CR. MISC. No.13142 of 2026(2) dt.10-03-2026
                                                           3/3




                         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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