Patna High Court
Sachin KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner subject to conditions and verification of his antecedent.
Summary
The petitioner, Sachin Kumar, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of liquor from a poultry farm and a motorcycle. He asserted that he has a clean antecedent, that the seized liquor was not in his possession, and that the vehicle involved belonged to a friend who misused it without his knowledge. The State opposed the bail, arguing that the petitioner was the owner of the vehicle used in the alleged offence. The Court considered the petitioner's clean record, the lack of direct possession of the contraband, and the circumstances of the alleged misuse, and directed that he be released on provisional anticipatory bail upon furnishing bail bonds and sureties. The order was made subject to verification of his antecedent by the trial court, with the proviso that the bail would be confirmed if no prior cases are found, and revoked if an antecedent is discovered. Consequently, the anticipatory bail application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in a case under Section 30(a) of the Excise Act
- Whether the petitioner’s alleged involvement and ownership of the vehicle justify denial of bail
- Whether the petitioner’s antecedent record affects the grant of anticipatory bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- bail bond
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27827 of 2026
Arising Out of PS. Case No.-387 Year-2021 Thana- GARKHA District- Saran
======================================================
Sachin Kumar Son of Krishna Kumar @ Krishna Kumar Gupta Resident of
Mohalla - Jehanabad, P.S.- Lalganj, District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Alok Kumar Alok
For the Opposite Party/s : Ms.Indu Kumari Srivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-04-2026 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 50 litres of liquor from a poultry farm of
Manager Rai along with 45 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 even alleged
recovery is from a place, which does not belong to the petitioner
and is accessible to public at large and he has no concern or
Patna High Court CR. MISC. No.27827 of 2026(2) dt.24-04-2026
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relation with Manager Rai 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 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 as he was also
apprehended at 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
Garkha P. S. Case No.387 of 2021, 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
Patna High Court CR. MISC. No.27827 of 2026(2) dt.24-04-2026
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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
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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