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Patna High Court

Nagendra Kumar BaithaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that anticipatory bail should be granted provisionally, subject to verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Nagendra Kumar Baitha, 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, alleging seizure of liquor from two motorcycles he owned. The petitioner argued that he had a clean criminal antecedent, was not in possession of the liquor at the time of seizure, and was unaware of any misuse of his vehicles. The State opposed the bail, contending the seriousness of the offence. 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. The order further stipulated that if any antecedent is discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 Cr.P.C. for offences under Section 30(a) of the Excise Act.
  • Whether the petitioner’s clean antecedent and lack of possession of the seized liquor justify the grant of anticipatory bail.
  • Whether ownership of the seized vehicles implicates the petitioner in the alleged offence.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 Cr.P.C.
  • Excise Act
  • clean antecedent
  • seizure of liquor
  • motor vehicle ownership
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28729 of 2026
                       Arising Out of PS. Case No.-256 Year-2022 Thana- MAIRWAN District- Siwan
                 ======================================================
                 Nagendra Kumar Baitha S/O Prabhunath Baitha Resident of vill.- Tiyay, P.S.-
                 Aandar, Dist.- Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Kumari Anupam
                                                  Ms.Awantika Pushpam
                 For the Opposite Party/s :       Mr.Md. Iftekhar Mahmood
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-04-2026                   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

                   at Para-3, the criminal antecedent of the petitioner could not be

                   pleaded but then in the order impugned, it has been recorded

                   that the petitioner is a person with clean antecedent as such it is

                   submitted that petitioner is a person with clean antecedent and

                   allegation is of recovery of 30.6 litres of liquor from a

                   motorcycle and 08 litres of liquor from another motorcycle.

                                 4. The learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.28729 of 2026(2) dt.29-04-2026
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          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 one of the

          seized motorcycle. 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 Afroj would misuse the vehicle in the manner as

          alleged as he was also apprehended at the spot along with

          Shailendra.

                       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

          Mairwa P. S. Case No.256 of 2022, subject to the conditions laid

          down under Section 438(2) of the Cr.P.C.
               Patna High Court CR. MISC. No.28729 of 2026(2) dt.29-04-2026
                                                           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 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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