Patna High Court
Raju Prasad SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting provisional bail subject to conditions under Section 438(2) CrPC.
Summary
The petitioner, Raju Prasad Sah, applied for anticipatory bail in a case alleging offences under Sections 272, 273 and 414 of the IPC and Section 30(a) of the Excise Act, involving the alleged recovery of 9.9 litres of liquor from his motorcycle. He argued that he has a clean antecedent, was not arrested at the spot, and had no conscious possession of the liquor; the vehicle’s ownership alone should not implicate him. The State opposed the bail. The Court, applying Section 438(2) of the CrPC, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds of Rs.500 with two sureties and appear before the trial court within six weeks. The trial court was directed to verify his antecedent; if any prior case is found, the bail may be withdrawn, otherwise it will be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC.
- Whether ownership of the vehicle used in the alleged offence makes the petitioner liable for the offences under IPC and the Excise Act.
- Whether the petitioner’s alleged clean antecedent warrants the grant of bail.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
- Indian Penal Code — s. 272, 273, 414
Subjects
- anticipatory bail
- Section 438 CrPC
- IPC 272
- IPC 273
- IPC 414
- Excise Act 30(a)
- clean antecedent
- vehicle ownership
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31820 of 2026
Arising Out of PS. Case No.-48 Year-2021 Thana- MADHWAPUR District- Madhubani
======================================================
Raju Prasad Sah S/o Suresh Sah R/o Village - Choraut Paschami, P.S -
Choraut, District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumari Pallavi
For the Opposite Party/s : Mr.Braj Kishore Pd.(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-05-2026 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
Sections 272, 273 and 414 of the I.P.C. and 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 9.9 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
Patna High Court CR. MISC. No.31820 of 2026(2) dt.12-05-2026
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use his own vehicle for committing a crime and thus, would
create evidence against himself and hence, would get
implicated. It is further submitted that petitioner was completely
unaware that Pradeep would misuse the vehicle in the manner as
alleged as he was also apprehended at 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
Madhwapur P. S. Case No.48 of 2021, 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
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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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