Patna High Court
Sanjay Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.