Patna High Court
BHOLA RAJVANSHIversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to conditions and verification of his antecedent.
Summary
Bhola Rajvanshi applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Sections 30(a) and 41 of the Excise Act, alleging that 24 litres of liquor were recovered from his motorcycle. He argued that he had a clean antecedent, was not in possession of the liquor, and that the vehicle was misused by his driver without his knowledge. The State opposed the bail. The Patna High Court, after 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 criminal antecedent. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application for anticipatory bail was allowed.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC to a person alleged to be involved in offences under Sections 30(a) and 41 of the Excise Act.
- Whether ownership of a vehicle used by a driver to transport illicit liquor creates liability for the owner.
- Whether the petitioner’s clean antecedent influences the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 41
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- clean antecedent
- vehicle ownership
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23500 of 2026
Arising Out of PS. Case No.-247 Year-2020 Thana- NARDIGANJ District- Nawada
======================================================
Bhola Rajvanshi Son Of Late Baleshwar Rajvanshi Resident Of Village - Pes,
P.S.- Nardiganj, District - Nawada
... ... Petitioner/S
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sheo Nandan Prasad
Mr.Rajnish Kumar
For the Opposite Party/s : Mr.Ramesh Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-04-2026 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) and 41 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 24 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
use his own vehicle for committing a crime and thus, would
Patna High Court CR. MISC. No.23500 of 2026(2) dt.09-04-2026
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create evidence 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 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.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
Nardiganj P. S. Case No.247 of 2020, 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 even one case, then it
would be presumed that petitioner for the purposes of obtaining
Patna High Court CR. MISC. No.23500 of 2026(2) dt.09-04-2026
3/3
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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