Patna High Court
Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to conditions under Section 438(2) of the CrPC.
Summary
Petitioner Rajesh Kumar applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with alleged offences under Section 317(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act, involving the recovery of 141 litres of liquor from his motorcycle. He argued that he was not in possession of the liquor, that the vehicle was misused by a friend without his knowledge, and that ownership of the vehicle alone should not implicate him. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds of Rs.10,000 with two sureties and appear before the trial court within six weeks. The order also stipulated verification of the petitioner’s criminal antecedents, with the bail to be revoked if more than two prior cases are found. The application was allowed, subject to the stated conditions.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC for the alleged offences.
- Whether ownership of the vehicle used in the alleged offence makes the owner liable for anticipatory bail denial.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 317(5)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- criminal antecedent
- vehicle ownership
- Excise Act
- Narcotic law
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19235 of 2026
Arising Out of PS. Case No.-295 Year-2025 Thana- MAJORGANJ District- Sitamarhi
======================================================
Rajesh Kumar Son of Ram Snehi Raut Resident of Village - Rampat Pakari,
Kuari Maidan, Ward 09, P.S.- Majorganj, Dist.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dwij Raj
For the Opposite Party/s : Ms.Asha Devi
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 26-03-2026 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 317(5) of the B.N.S. and Section 30(a) of the Excise
Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of two cases and allegation is of
recovery of 141 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
Patna High Court CR. MISC. No.19235 of 2026(2) dt.26-03-2026
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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 friend would misuse the vehicle in the manner
as alleged who 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.10,000/- (Rupees Ten 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 Majorganj P. S. Case No.295 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 two cases,
Patna High Court CR. MISC. No.19235 of 2026(2) dt.26-03-2026
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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 two cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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