Patna High Court
Rajendra TantiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, subject to bond, surety and verification of antecedent conditions.
Summary
The petitioners, Rajendra Tanti and his son Suman Kumar, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Sections 30(a), 32(3) and 45 of the Excise Act for alleged recovery of 180 litres of liquor from two motorcycles, a toto vehicle and the petitioners' cowshed. They contended that they have a clean criminal record, were not present at the place of seizure, and that the liquor found in the cowshed could have been planted by someone hostile to the family. The State opposed the bail application. The High Court, after considering the submissions, directed that the petitioners be released on provisional anticipatory bail upon furnishing bail bonds of Rs 500 each with two sureties, subject to the conditions of Section 438(2) CrPC and verification of their antecedent. The order also required the petitioners to deposit Rs 1,500 with the Advocates’ Association, Patna High Court. The court clarified that if any antecedent is discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail under Section 438 CrPC is appropriate in the present case involving alleged offences under the Excise Act.
- Whether the circumstances of alleged liquor possession and the claim of non‑presence at the scene justify granting bail.
- Whether the petitioners’ claim of a clean criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 32(3), 45
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- liquor seizure
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2859 of 2026
Arising Out of PS. Case No.-501 Year-2025 Thana- Excise P.S. District- Begusarai
======================================================
1. Rajendra Tanti S/o Sahdev Tanti Resident of Village- Khamhar, P.S.-
Mufassil, District- Begusarai
2. Suman Kumar S/o Rajendra Tanti Resident of Village- Khamhar, P.S.-
Mufassil, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar
For the Opposite Party/s : Mr.Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-01-2026 1. Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in anticipation of their arrest
in a case registered for the offences punishable under Sections
30(a), 32(3) and 45 of the Excise Act.
3. The learned counsel for the petitioners submits that
the petitioners are persons with clean antecedent and the allegation
is of recovery of 180 litres of liquor from two different
motorcycles and a toto vehicle as well as from the cowshed of the
petitioners out of which 99 litres of liquor is alleged to have been
recovered from the cowshed of the petitioners.
4. The learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
Patna High Court CR. MISC. No.2859 of 2026(2) dt.28-01-2026
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recovered from their conscious possession and cowshed is a place
outside the house and thus is accessible to villagers at large and it
appears that someone inimical to the family concealed meager
amount of liquor with a view to implicate the entire family
members, when admittedly petitioners are persons with clean
antecedent. It is also submitted that police in order to falsely
implicate the petitioners has alleged in the FIR that petitioners
were caught at the spot and they disclosed their name when
petitioners were not even present at the place of occurrence. It is
next submitted that it does not probable that petitioners would
have escaped had they been caught by the police.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in the
sum of Rs.500/- (Rupees Five Hundred) each 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
Begusarai Excise P. S. Case No.501 of 2025, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
Patna High Court CR. MISC. No.2859 of 2026(2) dt.28-01-2026
3/3
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioners shall verify
the criminal antecedent of the petitioners and in the event, if it is
found that petitioners have antecedent of even one case, then it
would be presumed that petitioners for the purposes of obtaining
anticipatory bail had concealed their 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 petitioners
are persons 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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