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Patna High Court

Manejar ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that anticipatory bail should be granted provisionally, subject to verification of the petitioner’s antecedent and compliance with bail conditions.

Summary

Manejar Chaudhary applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Sections 30(a) and 32(3) of the Excise Act, where 50 litres of liquor were recovered from his motorcycle. He argued that he had a clean antecedent, was not in possession of the liquor at the time of seizure, and was unaware that the vehicle would be misused. The State opposed the bail, contending that the vehicle’s ownership implicated him. The Court noted the lack of direct possession, the petitioner’s clean record, and the principle that ownership alone does not constitute participation in the offence. It granted provisional anticipatory bail subject to a Rs.500 bond, two sureties, and verification of the petitioner’s antecedent by the trial court. The order stipulated that if any prior case is discovered, the bail would be withdrawn; otherwise, it would be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC for alleged offences under the Excise Act.
  • Whether ownership of the vehicle used in the alleged offence suffices to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • Section 438 CrPC
  • possession
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13165 of 2026
                  Arising Out of PS. Case No.-187 Year-2025 Thana- EXCISE SHERGHATI District- Gaya
                 ======================================================
                 Manejar Chaudhary S/o Late Bhagu Chaudhary R/o Mohalla- Sonar Toli,
                 Ward No. 19 Sherghati, P.S.- Sherghati, District- Gaya Jee

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Brijmohan Das
                 For the Opposite Party/s :      Mr.Md. Iftekhar Mahmood
                 ======================================================
                 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

                   Sections 30(a) and 32(3) 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 50 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 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

                   use his own vehicle for committing a crime and thus, would
Patna High Court CR. MISC. No.13165 of 2026(2) dt.10-03-2026
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          create evidence against himself and hence, would get

          implicated. It is further submitted that petitioner was completely

          unaware that Sunil 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.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

          Excise Sherghati P. S. Case No.187 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
               Patna High Court CR. MISC. No.13165 of 2026(2) dt.10-03-2026
                                                           3/3




                         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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