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Patna High Court

Rajesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                           3/3




                         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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