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Patna High Court

Lalbabu BaithaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner is entitled to provisional anticipatory bail, subject to conditions, under Section 438(2) Cr.P.C. and Section 482(2) BNSS.

Summary

The petitioner, Lalbabu Baitha, sought anticipatory bail after being implicated in a case alleging recovery of 12 litres of liquor from a scooty he owned, under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018. He argued that he had a clean antecedent, was not in possession of the liquor at the time of arrest, and that the vehicle was misused by a friend without his knowledge. The State opposed the bail, contending that ownership of the vehicle linked the petitioner to the offence. The Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties, verification of the petitioner’s antecedent, and a deposit of Rs.1,500 with the Patna High Court Advocate Association, invoking Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code for alleged offences under the Bihar Prohibition and Excise (Amendment) Act, 2018.
  • Whether mere ownership of the vehicle used in the alleged offence is sufficient ground to deny anticipatory bail.
  • Whether the petitioner’s clean criminal antecedent influences the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Bihar Prohibition and Excise Act
  • liquor seizure
  • vehicle ownership
  • clean antecedent
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1993 of 2026
                     Arising Out of PS. Case No.-1403 Year-2025 Thana- Excise P.S. District- Sitamarhi
                 ======================================================
                 Lalbabu Baitha S/O Jajul Baitha R/O Vill.- Khairwa, P.S.- Paunaura, Dist.-
                 Sitamarhi, Bihar
                                                                           ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Ayush Kumar, Advocate
                 For the Opposite Party/s :         Ms. Pronoti Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   27-01-2026                  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 30(a) and

                   32(3) of the Bihar Prohibition and Excise (Amendment) Act,

                   2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 12 litres of liquor from a Scooty.

                                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 is next submitted that no prudent

                   person would use his own vehicle for committing an occurrence
Patna High Court CR. MISC. No.1993 of 2026(2) dt.27-01-2026
                                            2/3




          and thus would create evidence against himself and hence

          would get implicated. It is also submitted that petitioner was

          completely unaware that his friend would misuse the vehicle in

          the manner as alleged who also fled away 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 before the learned trial court

          within a period of six weeks from today, be released on

          provisional anticipatory bail on furnishing bail bonds 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 Sitamarhi

          Excise P.S. Case No. 1403 of 2025, subject to the conditions as

          laid down under Section 438(2) of the Cr.P.C./482(2) of the

          BNSS.

                       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 even one case, it

          would be presumed that petitioner had concealed his antecedent

          before this Court at para 3 of the anticipatory bail application in
           Patna High Court CR. MISC. No.1993 of 2026(2) dt.27-01-2026
                                                       3/3




                     that event the provisional anticipatory bail order shall not be

                     confirmed but if it is found on verification that petitioner is a

                     person with clean antecedent in that event the provisional

                     anticipatory bail order shall be confirmed forthwith.

                                  8. At this stage, learned counsel for the petitioner

                     based on instruction submits that petitioner undertakes to

                     deposit an amount of Rs.1,500/- with the Advocate Association

                     of the Patna High Court.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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