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Patna High Court

Suraj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail, granting provisional bail subject to conditions and verification of the petitioner's antecedent.

Summary

Suraj Kumar applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act, alleging that 120 litres of liquor were recovered from his auto. He argued that he had a clean antecedent, was not arrested at the spot, and had no conscious possession of the liquor, asserting that his driver misused the vehicle without his knowledge. 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) conditions. The Court clarified that if any antecedent is discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith. The application for anticipatory bail was allowed.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC when the alleged offence is under Section 30(a) of the Excise Act and the petitioner was not arrested at the spot.
  • Whether ownership of the vehicle used in the alleged offence implicates the petitioner for bail considerations.
  • What conditions must be satisfied for the provisional anticipatory bail to be confirmed or revoked.

Legislation cited

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27267 of 2026
                       Arising Out of PS. Case No.-605 Year-2020 Thana- DANAPUR District- Patna
                 ======================================================
                 Suraj Kumar Son of Lal Babu Ram Residing at Chauharmal Nagar, Near
                 Middle School, Police Station - Phulwari Sharif, District - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Santosh Kumar Singh
                 For the Opposite Party/s :       Mr.Parmanand Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-04-2026                  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

                   Section 30(a) 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 120 litres of liquor from an auto.

                                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 auto.

                   It is next submitted that no prudent person would use his own

                   vehicle for committing a crime and thus, would create evidence
Patna High Court CR. MISC. No.27267 of 2026(2) dt.23-04-2026
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          against himself and hence, would get implicated. It is further

          submitted that petitioner was completely unaware that his driver

          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

          Danapur P. S. Case No.605 of 2020, 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.27267 of 2026(2) dt.23-04-2026
                                                           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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