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Patna High Court

Rakesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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 The order further stipulated that if any prior case is discovered, the bail may be withdrawn, otherwise it will be confirmed.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

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
                                            2/3




          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
                                                           3/3




                         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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