Created by Fuzzy Cloud

Patna High Court

Dayanand PoddarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of his criminal antecedent.

Summary

The petitioner, Dayanand Poddar, sought anticipatory bail after a police case was registered under Sections 223 and 173 of the Bihar Narcotic Substances Act and Sections 37 and 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that 1.44 litres of liquor were recovered from his Hyundai i20. He argued that he was not in possession of the liquor at the time of seizure and that the vehicle’s ownership alone should not implicate him, especially since another individual, Rahul Kumar Singh, was apprehended on the spot. The State opposed the bail, contending that the offences were serious. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a Rs.5,000 bond with two sureties and subject to verification of the petitioner’s criminal antecedent within six weeks. If more than one prior case is found, the bail will not be confirmed; if only one prior case exists, the bail will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in the present case
  • Whether ownership of the vehicle used in the alleged offence suffices to justify arrest and denial of bail
  • Effect of the petitioner’s prior criminal antecedent on the confirmation of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • bail conditions
  • vehicle ownership
  • excise law
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14168 of 2026
                      Arising Out of PS. Case No.-464 Year-2025 Thana- BAHERI District- Darbhanga
                 ======================================================
                 Dayanand Poddar Son of Baleshwar Poddar R/o Village - Kameshwar Nagar,
                 Ward No.8, P.S. - Shivajinagar, Dist. - Samastipur.
                                                                            ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kumar Praveen, Advocate
                 For the Opposite Party/s :       Mr. Upendra Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-03-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 223 and

                   173 of the BNS as well as Sections 37 and 30(a) of the Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 1.440 litres of liquor from a Hyundai

                   i20.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner came to be implicated based on the fact that he is

                   owner of the seized vehicle. It it next submitted that no prudent
Patna High Court CR. MISC. No.14168 of 2026(2) dt.12-03-2026
                                            2/3




          person would use his own vehicle for committing an occurrence

          and, thus, would create evidence against himself and, hence,

          would get implicated. It is also submitted that petitioner was

          completely unaware that Rahul Kumar Singh would misuse the

          vehicle in the manner as alleged who was also apprehended

          from the spot.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, let the petitioner, above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds 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 Baheri P.S. Case No. 464 of 2025,

          subject to the conditions as laid down under Section 438(2) of

          the Cr.P.C./482(2) of the B.N.S.S.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and if

          it is found that petitioner has antecedent of more than one case,

          it would be presumed that petitioner had concealed his
           Patna High Court CR. MISC. No.14168 of 2026(2) dt.12-03-2026
                                                       3/3




                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only one case in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.