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Patna High Court

Ankush KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, subject to bail‑bond conditions and verification of the petitioner’s criminal antecedent.

Summary

Ankush Kumar applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with offences under Sections 30(a), 32(3), 41(1) and 41(2) of the Excise Act, alleging that liquor was recovered from a driver’s vehicle and a cowshed owned by him. He contended that he was not in possession of the liquor, had no knowledge of the driver’s misuse of his vehicle, and that the cowshed was publicly accessible. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and that the trial court verify his criminal antecedent. The order stipulated that if more than one prior case is found, the bail would be revoked; otherwise, it would be confirmed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite alleged offences under the Excise Act.
  • Whether the petitioner’s lack of knowledge and non‑possession of the seized liquor justify granting bail.
  • What conditions under Section 438(2) CrPC are appropriate for the grant of anticipatory bail in this case.

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act offences
  • Section 438 CrPC
  • liquor seizure
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17064 of 2026
                     Arising Out of PS. Case No.-170 Year-2026 Thana- Excise P.S. District- Aurangabad
                 ======================================================
                 Ankush Kumar S/O Gandhi Prasad Resident of Shahpur ward no. 27, P.S -
                 Aurangabad Town, Dist- Aurangabad (Bihar), Permanent Address- R/o Bodhi
                 Bigha, P.S.- Simra, Distt.- Aurangabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Adarsh Singh
                 For the Opposite Party/s :         Mr.Braj Kishore Pd.(App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-03-2026                  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), 32(3), 41(1) and 41(2) 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 0.15 litres of liquor from

                   possession of Sushil Kumar and 417.3 litres of liquor from

                   cowshed of Ankush Kumar and from a Suzuki 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
Patna High Court CR. MISC. No.17064 of 2026(2) dt.17-03-2026
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          implicated based on the fact that he is owner of the seized car

          and cowshed, but then, it is submitted that no prudent 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 his driver would misuse the vehicle in the manner

          as alleged as he was also apprehended at the spot. It is further

          submitted that petitioner has no concern or relation with Sushil

          Kumar and the cowshed belongs to him, but then, the cowshed

          is a place outside the house and is accessible to public at large.

                       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 Aurangabad Excise P. S. Case No.170 of 2026, subject to

          the conditions laid down under Section 438(2) of the Cr.P.C.
               Patna High Court CR. MISC. No.17064 of 2026(2) dt.17-03-2026
                                                           3/3




                                      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

                         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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