Patna High Court
Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bail bonds, sureties, and verification of the petitioner’s criminal antecedents.
Summary
The petitioner, Rakesh Kumar, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 5,257.065 litres of liquor from three vehicles. He argued that he was not present at the spot, the liquor was not found in his conscious possession, and he was implicated merely because he owned one of the seized vehicles, claiming ignorance of the driver’s alleged misuse. The State opposed the bail, contending that ownership of the vehicle could indicate participation in the offence. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.5,000 with two sureties, subject to verification of his criminal antecedents. It further stipulated that if more than one prior case is found, the bail would be revoked, whereas confirmation would follow if only one antecedent case is verified.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC to a person accused under Section 30(a) of the Excise Act.
- Whether ownership of a vehicle used in the alleged offence precludes the grant of anticipatory bail.
- What conditions should be imposed on provisional anticipatory bail, including verification of criminal antecedents.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- Section 30(a)
- vehicle ownership
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13913 of 2026
Arising Out of PS. Case No.-248 Year-2025 Thana- BHAGWANPUR District- Vaishali
======================================================
Rakesh Kumar Son of Fakira Rai @ Fakira Ray R/o Vill.- Mahua Mukundpur,
Police Station - Mahua, District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anish Kumar
For the Opposite Party/s : Mr.Bishweshwar Ram
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-04-2026 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 and allegation is of
recovery of 5257.065 litres of liquor from three different
vehicles.
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 one of the
seized Bolero pick-up vehicle, but then, no prudent person
Patna High Court CR. MISC. No.13913 of 2026(2) dt.15-04-2026
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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 his driver 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.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 Bhagwanpur P. S. Case No.248 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 more than one case, then
Patna High Court CR. MISC. No.13913 of 2026(2) dt.15-04-2026
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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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