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Patna High Court

Sanjay Kumar RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional bail subject to verification of antecedents and compliance with bail conditions.

Summary

The petitioner, Sanjay Kumar Rai, owner of a truck, was implicated in a case under Section 30(a) of the Excise Act for the alleged recovery of 836.79 litres of liquor from his vehicle. He applied for anticipatory bail, arguing that he had no prior criminal record, was not arrested at the scene, and was unaware of his driver’s alleged misuse of the truck. The State opposed the bail. The High Court, applying Section 438(2) of the Criminal Procedure Code, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds and two sureties, and that the trial court verify his antecedents. The order stipulated that if any prior case is discovered, the bail would be revoked; otherwise, it would be confirmed. The application was allowed, and the petitioner was directed to deposit a further amount with the Advocates’ Association.

Issues considered

  • Whether anticipatory bail can be granted under Section 438(2) CrPC to a person alleged to be involved in an offence under Section 30(a) of the Excise Act when no arrest has been made.
  • Whether the petitioner’s lack of conscious possession and clean antecedent justify the grant of anticipatory bail.

Legislation cited

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.2896 of 2026
                     Arising Out of PS. Case No.-363 Year-2025 Thana- Excise P.S. District- Samastipur
                 ======================================================
                 Sanjay Kumar Rai Son of Ram Pravesh Rai Resident of Village- Darwa, P.S.-
                 Halai, District- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Alok Kumar Alok
                 For the Opposite Party/s :         Mr.Md. Nazir Ansari
                 ======================================================
                 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 836.790 litres of liquor from a truck.

                                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 truck.

                   It is next submitted that no prudent person would use his own

                   vehicle for committing a crime and thus, would create evidence
Patna High Court CR. MISC. No.2896 of 2026(2) dt.28-01-2026
                                            2/3




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

          submitted that petitioner was completely unaware that his driver

          would misuse the vehicle in the manner as alleged who also fled

          from 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 Excise Samastipur P. S. Case No.363 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.2896 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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