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Patna High Court

Hiradayal Sah @ Hira Dayal SahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to bail bonds, sureties and verification of the petitioner’s criminal antecedent.

Summary

The petitioner applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code in a case registered for offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Excise Act, involving the alleged recovery of 50 litres of liquor from his motorcycle. The petitioner argued that he was not in possession of the liquor, was unaware of his friend's alleged misuse of the vehicle, and that ownership of the vehicle alone should not create criminal liability. The State opposed the bail, contending that the petitioner was implicated by virtue of ownership and the seriousness of the offences. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.5,000 with two sureties, subject to verification of his criminal antecedent. The order further stipulated that if more than one prior case is found, the bail would be cancelled, otherwise it would be confirmed.

Issues considered

  • Whether anticipatory bail can be granted when the accused is merely the owner of the vehicle used in the alleged offence and not in actual possession of the contraband.
  • Whether the existence of a prior criminal case (antecedent) precludes the grant of anticipatory bail.
  • Whether the conditions prescribed under Section 438(2) of the Cr.P.C. are satisfied in the present facts.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • IPC 272
  • IPC 273
  • Excise Act 30(a)
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25606 of 2026
                 Arising Out of PS. Case No.-184 Year-2023 Thana- MADHUBAN District- East Champaran
                 ======================================================
                 Hiradayal Sah @ Hira Dayal Sah S/O Jagarnath Sah R/O Village- Madhuban
                 Dakshini, P.S- Madhuban, Distt.- East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Kundan Rathore Alias Kundan Kumar
                 For the Opposite Party/s :      Mr.Nand Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   21-04-2026                  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 272, 273 of the I.P.C. and Section 30(a) of the Excise

                   Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of one case and allegation is of

                   recovery of 50 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

                   vehicle. It is next submitted that no prudent person would use
Patna High Court CR. MISC. No.25606 of 2026(2) dt.21-04-2026
                                            2/3




          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.5,000/- (Rupees Five Thousand) 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 Madhuban P. S. Case No.184 of 2023, 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 more than one case, then
               Patna High Court CR. MISC. No.25606 of 2026(2) dt.21-04-2026
                                                           3/3




                         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 has antecedent of one case only, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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