Patna High Court
Hiradayal Sah @ Hira Dayal SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
- Indian Penal Code — s. 272, 273
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
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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
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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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