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Patna High Court

Ranjay KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

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

Summary

The petitioner, Ranjay Kumar, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act, where 45 litres of liquor were allegedly recovered from his motorcycle. He argued that he has a clean antecedent, was not present at the spot of seizure, and that ownership of the vehicle does not imply his participation in the alleged offence. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds and sureties, subject to verification of his antecedent and compliance with Section 438(2) conditions. The order also stipulated that if any antecedent is discovered, the bail would not be confirmed. The application for anticipatory bail was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in a case arising under Section 30(a) of the Excise Act.
  • Whether ownership of the vehicle from which liquor was recovered implicates the petitioner in the offence.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • Excise Act
  • bail
  • clean antecedent
  • vehicle ownership
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17157 of 2026
                       Arising Out of PS. Case No.-528 Year-2023 Thana- HISUWA District- Nawada
                 ======================================================
                 Ranjay Kumar S/O Ramlakhan Singh Resident of Village- Manaini, P.S.-
                 Wazirganj, District- Gaya,

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Man Mohan Kumar
                 For the Opposite Party/s :       Mr.Lakshmi Kant Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-04-2026                  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 is a person with clean antecedent and allegation is

                   of recovery of 45 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

                   vehicle. It is next submitted that no prudent person would use

                   his own vehicle for committing a crime and thus, would create
Patna High Court CR. MISC. No.17157 of 2026(2) dt.16-04-2026
                                            2/3




          evidence against himself and hence, would get implicated. It is

          further submitted that petitioner was completely unaware that

          his friend 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.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

          Hisua P. S. Case No.528 of 2023, 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.17157 of 2026(2) dt.16-04-2026
                                                           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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