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Patna High Court

Om PrakashversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioner, subject to bail bonds and verification of his antecedent.

Summary

The petitioner, Om Prakash, applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code in connection with a case under Sections 30(a) and 47 of the Excise Act, where 464.94 litres of liquor were allegedly recovered from a pick‑up van he owned. He argued that he had a clean antecedent, was not present at the spot of seizure, and was unaware that his driver misused the vehicle. The State opposed the bail, contending that the vehicle was used for the offence. The High 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 court clarified that if any prior case is discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith. Consequently, the application for anticipatory bail was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the owner of a vehicle from which liquor was seized, given he was not in possession at the time of seizure
  • Whether the petitioner’s clean antecedent and lack of knowledge of the driver’s actions justify granting bail under Section 438(2) CrPC

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • vehicle owner liability
  • clean antecedent
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31221 of 2026
                     Arising Out of PS. Case No.-764 Year-2025 Thana- Excise P.S. District- Bhagalpur
                 ======================================================
                 Om Prakash S/o Sri Ashok Prasad Resident of Village - Taliumpur, Barh Ward
                 No.14, P.S - Barh, District - Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Kumar Manglam
                 For the Opposite Party/s :        Mr.Lakshmi Kant Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   22-06-2026                  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

                   Sections 30(a) and 47 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 464.940 litres of liquor from a pick-up van.

                                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 van.

                   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.31221 of 2026(3) dt.22-06-2026
                                            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

          Excise Sadar P. S. Case No.764 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.31221 of 2026(3) dt.22-06-2026
                                                           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.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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