Patna High Court
Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The petitioner is entitled to provisional anticipatory bail, subject to verification of his antecedents and compliance with the conditions of Section 438(2) CrPC.
Summary
The petitioner, Rakesh Kumar, applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code in connection with a case registered under Sections 30(a) and 56(3) of the Excise Act for the alleged recovery of ten litres of liquor from his motorcycle. He argued that he has a clean antecedent, was not arrested at the spot, and the liquor was not found in his conscious possession; he was implicated merely as the owner of the vehicle used by a friend who fled. The State opposed the grant of anticipatory bail. The Court considered that ownership of a vehicle does not automatically imply participation in the offence and that the petitioner’s lack of knowledge and clean record warranted relief. Consequently, the Court directed the issuance of provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditions under Section 438(2) CrPC, pending verification of his antecedents by the trial court. The order further stipulated that if any prior case is discovered, the bail may be withdrawn, otherwise it will be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438(2) CrPC in a case under the Excise Act where the alleged contraband was not found in his possession.
- Whether ownership of the vehicle used in the alleged offence suffices to establish participation in the offence.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 56(3)
Subjects
- anticipatory bail
- Excise Act
- possession
- vehicle ownership
- clean antecedent
- Section 438 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24764 of 2026
Arising Out of PS. Case No.-427 Year-2018 Thana- GOVERNMENT OFFICIAL COMP.
District- Gaya
======================================================
Rakesh Kumar S/O Kamlesh Gahlout R/O Village- Sikandra Pahra, P.S-
Paraiya, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinod Kumar
For the Opposite Party/s : Mr.Rajesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 20-04-2026 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 56(3) 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 10 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
Patna High Court CR. MISC. No.24764 of 2026(2) dt.20-04-2026
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use his own vehicle for committing a crime and thus, would
create evidence against himself and hence, would get
implicated. It is further submitted that petitioner was completely
unaware that his friend would misuse the vehicle in the manner
as alleged who also 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
Excise P. S. Case No.427 of 2018, 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
Patna High Court CR. MISC. No.24764 of 2026(2) dt.20-04-2026
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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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