Patna High Court
Lalbabu BaithaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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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