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Patna High Court

Harendra YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent and compliance with Section 438(2) of the CrPC.

Summary

Harendra Yadav, the owner of a motorcycle from which 6 litres of liquor were recovered, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with offences under Sections 30(a) and 32(3) of the Excise Act. He argued that he had a clean antecedent, was not present at the spot of seizure, and had no knowledge of his friend's alleged misuse of the vehicle. The State opposed the bail. The 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 antecedent and compliance with Section 438(2) CrPC. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed. The application was allowed.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC for offences under the Excise Act when the accused is not in actual possession of the contraband.
  • Whether ownership of the vehicle used in the alleged offence makes the owner liable for anticipatory bail.
  • What conditions must be imposed for granting anticipatory bail in such circumstances.

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • Section 438 CrPC
  • vehicle ownership
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26582 of 2026
                      Arising Out of PS. Case No.-510 Year-2026 Thana- Excise P.S. District- Sitamarhi
                 ======================================================
                 Harendra Yadav S/o Jagdish Rai Resident of Village- Bhagwanpur, P.S.-
                 Parsauni, Dist.- Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Sanjay Kumar
                 For the Opposite Party/s :         Mr.Bishweshwar Ram
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-04-2026                  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 32(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 06 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.26582 of 2026(2) dt.22-04-2026
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          create evidence against himself and hence, would get

          implicated. It is further submitted that petitioner was completely

          unaware that his 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

          Sitamarhi Madhyanished P. S. Case No.510 of 2026, 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.26582 of 2026(2) dt.22-04-2026
                                                           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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