Patna High Court
Nagendra Kumar BaithaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
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
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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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