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Patna High Court

Subodh Kumar @ Subodh RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted anticipatory bail to the petitioner, subject to conditions and verification of his antecedent.

Summary

Subodh Kumar, the owner of an e‑rickshaw from which 45 litres of liquor were recovered, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with an alleged offence under Section 30(a) of the Excise Act. He argued that he had a clean antecedent, was not in possession of the liquor, and was unaware that his vehicle would be misused. The State opposed the bail. The High 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, and conditioned the order on verification of his antecedent by the trial court. The court clarified that if any prior case is found, the bail would not be confirmed; otherwise, it would be confirmed. The application for anticipatory bail was allowed.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 CrPC to a person alleged to be involved in an offence under Section 30(a) of the Excise Act, given his claim of non‑possession and clean antecedent.

Legislation cited

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2843 of 2026
                    Arising Out of PS. Case No.-475 Year-2025 Thana- PURNEA SADAR District- Purnia
                 ======================================================
                 Subodh Kumar @ Subodh Rai S/o Mahendra Rai Resident of Rambagh, PS-
                 Sadar, District- Purnea

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Praveen Kumar Agrawal
                 For the Opposite Party/s :       Ms.Meena Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   28-01-2026                  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 45 litres of liquor from an e-rickshaw.

                                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 e-

                   rickshaw. It is next submitted that no prudent person would use

                   his own vehicle for committing a crime and thus, would create
Patna High Court CR. MISC. No.2843 of 2026(2) dt.28-01-2026
                                            2/3




          evidence against himself and hence, would get implicated. It is

          further submitted that petitioner was completely unaware that

          Rohit 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

          Sadar P. S. Case No.475 of 2025, 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.2843 of 2026(2) dt.28-01-2026
                                                           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.

                                      9. At this stage, the learned counsel appearing on

                         behalf of the petitioner based on instruction submits that

                         petitioner undertakes to deposit an amount of Rs.1500/- with

                         Advocates’ Association, Patna High Court, Patna.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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