Created by Fuzzy Cloud

Patna High Court

Sachin KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                           3/3




                         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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.