Patna High Court
Hari Shankar ChoudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to bail bonds, sureties, and verification of his antecedent under Section 438(2) of the Cr.P.C.
Summary
The petitioner, Hari Shankar Choudhary, applied for anticipatory bail anticipating arrest in a case under Section 30(a) of the Excise Act for allegedly possessing 5 litres of liquor recovered from his motorcycle. He argued that he had a clean antecedent, was not in possession of the liquor at the time of seizure, and was implicated merely as the owner of the vehicle used by others. The State opposed the bail, contending that ownership could establish a link to the offence. Justice Satyavrata Verma considered the submissions and directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds and sureties, subject to Section 438(2) of the Cr.P.C. The order also mandated verification of the petitioner’s criminal antecedent by the trial court, with the provisional bail to be confirmed only if he is found to have a clean record. Consequently, the anticipatory bail application was allowed with conditions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case under Section 30(a) of the Excise Act.
- Whether ownership of the vehicle used in the alleged offence suffices to establish culpability for anticipatory bail denial.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- ownership of vehicle
- clean antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29902 of 2026
Arising Out of PS. Case No.-206 Year-2020 Thana- PIPRA District- Supaul
======================================================
Hari Shankar Choudhary S/O Satyanarayan Choudhary R/O Village-Rampur,
P.S.-Pipra, District-Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Shadab Alam Wazdi
For the Opposite Party/s : Mr.Chandra Bhushan Prasad- A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-05-2026 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 05 litres of liquor from a motorcycle.
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
motorcycle. It is next submitted that no prudent person would
use his own vehicle for committing a crime and thus, would
Patna High Court CR. MISC. No.29902 of 2026(2) dt.06-05-2026
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create evidence against himself and hence, would get
implicated. It is further submitted that petitioner was completely
unaware that Ranjit would misuse the vehicle in the manner as
alleged as he was also apprehended at the spot along with
Praduman and Sunil.
5. Learned A.P.P. Sri Chandra Bhushan Prasad
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
Pipra P. S. Case No.206 of 2020, 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
Patna High Court CR. MISC. No.29902 of 2026(2) dt.06-05-2026
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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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