Patna High Court
Om PrakashversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a), 47
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
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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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