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Patna High Court

Amit KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to bail bonds, sureties and verification of antecedents.

Summary

Amit Kumar applied for anticipatory bail anticipating arrest in a case under Section 30(a) of the Excise Act for alleged recovery of 12.99 litres of liquor from two motorcycles. He contended that he was not in actual possession, the vehicles were his, and he was unaware of their misuse by another person. The State opposed the bail. The court, after hearing counsel, granted provisional anticipatory bail on condition of furnishing bail bonds of Rs.5,000 with two sureties, invoking Section 438(2) of the Cr.P.C., and directed verification of his criminal antecedent. The order stipulated that if more than one prior case is found, the bail would be withdrawn, otherwise it would be confirmed.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 Cr.P.C. to a person alleged to have committed an offence under Section 30(a) of the Excise Act.
  • Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a) Excise Act
  • Section 438 Cr.P.C.
  • bail bond
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13145 of 2026
                     Arising Out of PS. Case No.-493 Year-2025 Thana- Excise P.S. District- Madhubani
                 ======================================================
                 Amit Kumar Son of Jit Lal Yadav Resident of Village - Belhi, Ward No.06,
                 P.S.- Jaynagar, District- Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Shailendra Kumar Jha
                 For the Opposite Party/s :        Mr.Pradeep Narain Kumar
                 ======================================================
                 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 has antecedent of one case under the Excise Act

                   and allegation is of recovery of 12.99 litres of liquor from two

                   motorcycles.

                                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 petitioner is owner of one of

                   the seized motorcycle. It is next submitted that no prudent
Patna High Court CR. MISC. No.13145 of 2026(2) dt.10-03-2026
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          person would 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 Bharat Yadav would misuse the vehicle

          in the manner as alleged as he was also apprehended at 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.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 Madhubani Sadar Excise P. S. Case No.493 of 2025, G.O.

          No.1936 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
               Patna High Court CR. MISC. No.13145 of 2026(2) dt.10-03-2026
                                                           3/3




                         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

                         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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