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Patna High Court

Rahul SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioner, subject to conditions under Section 438(2) of the CrPC.

Summary

The petitioner, Rahul Singh, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Sections 30(a), 30(c), 36 and 56(c) of the Excise Act for alleged recovery of liquor and raw materials from a bamboo orchard. The petitioner asserted that he has a clean antecedent, was not arrested at the spot, and had no conscious possession of the alleged contraband, which was recovered from a public place unrelated to him. The prosecution opposed the bail, but the court considered the lack of arrest, absence of possession, and the petitioner’s clean record. The court directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to verification of his antecedent and compliance with Section 438(2) CrPC. The order is conditional: if any antecedent is discovered, the bail will not be confirmed; otherwise, it will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 CrPC to a person alleged to have committed offences under the Excise Act without being arrested or found in possession of the contraband.
  • Whether the petitioner’s clean antecedent and lack of direct involvement justify the grant of anticipatory bail.
  • Whether the conditions imposed, including bail bond and verification of antecedent, are appropriate under Section 438(2) CrPC.

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • Section 438 CrPC
  • clean antecedent
  • bail bond
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22508 of 2026
                     Arising Out of PS. Case No.-10 Year-2026 Thana- CHAUTHAM District- Khagaria
                 ======================================================
                 Rahul Singh S/O Rajendra Singh R/O Village- Chhoti Telauchh, P.S-
                 Chautham, Distt.- Khagaria.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Chandan Kumar Kashyap
                 For the Opposite Party/s :      Mr.Manoj Kumar
                 ======================================================
                 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

                   Sections 30(a), 30(c), 36 and 56(c) 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 15 litres of liquor from a bamboo orchard of

                   Pappu Singh along with 500 litres of raw materials which was

                   destroyed.

                                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 even alleged

                   recovery is from a place, which does not belong to the petitioner
Patna High Court CR. MISC. No.22508 of 2026(2) dt.08-04-2026
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          and is accessible to public at large and petitioner has no concern

          or relation with Pappu Singh, but then, he came to be implicated

          at the instance of local person, but the name of the person, who

          disclosed the name of the petitioner is not disclosed in the F.I.R.,

          which casts an aspersion on the case of the prosecution, when

          petitioner has not been implicated based on secret information

          and 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

          Chautham P. S. Case No.10 of 2026, 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.22508 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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