Patna High Court
Anish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail may be granted where the accused has a clean antecedent and is not in conscious possession of the alleged contraband, subject to verification of antecedent and compliance with Section 438(2) conditions.
Summary
Anish Kumar applied for anticipatory bail under Section 438 of the Cr.P.C. after being implicated in a case under Section 30(a) of the Excise Act for allegedly transporting 119.160 litres of liquor in his Innova car. He argued that he had a clean antecedent, was not arrested at the spot, and had no conscious possession of the liquor, claiming the driver acted without his knowledge. The State opposed the bail. The High Court, considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his antecedent and compliance with Section 438(2) conditions. The court clarified that if any criminal antecedent is discovered, the provisional bail would not be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted under Section 438 Cr.P.C. when the accused is not in actual possession of the alleged contraband.
- Whether a clean criminal antecedent suffices for granting anticipatory bail in an Excise Act offence.
- What conditions must be imposed on provisional anticipatory bail pending verification of antecedent.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438
- Excise Act
- clean antecedent
- provisional bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22466 of 2026
Arising Out of PS. Case No.-105 Year-2025 Thana- KALYANPUR District- Samastipur
======================================================
Anish Kumar S/o Brij Nandan Rai Resident of Village- Tira Jatmalpur, P.S.-
Kalyanpur, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Ranjan
For the Opposite Party/s : Ms.Suman Kumari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-04-2026 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 119.160 litres of liquor from an Innova car.
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 car. It
is next submitted that no prudent person would use his own
vehicle for committing a crime and thus, would create evidence
Patna High Court CR. MISC. No.22466 of 2026(2) dt.08-04-2026
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against himself and hence, would get implicated. It is further
submitted that petitioner was completely unaware that his driver
would misuse the vehicle in the manner as alleged who also fled
from the spot and he came to be implicated based on secret
information, which is the easiest way to implicate someone
without holding a proper investigation, when admittedly
petitioner is a person with clean antecedent.
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
Kalyanpur P. S. Case No.105 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
Patna High Court CR. MISC. No.22466 of 2026(2) dt.08-04-2026
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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
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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