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Patna High Court

Vikrant KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to bond, sureties and verification of the petitioner’s antecedent.

Summary

Vikrant Kumar applied for anticipatory bail after a case was registered under Sections 30(A), 32(i)(iii) and 41(i)(iii) of the Excise Act for the alleged recovery of 910.320 litres of liquor from a tractor he owned. He argued that he had no prior criminal record, was not arrested at the spot, and had no knowledge that the vehicle would be used for the alleged offence. The State opposed the bail, contending that ownership of the vehicle linked him to the crime. Justice Satyavrat Verma considered the submissions and directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to verification of his antecedents. The order was made under Section 438(2) of the Criminal Procedure Code, with a provision that the bail would be confirmed only if the petitioner is found to have a clean record. The application was allowed, granting provisional anticipatory bail.

Issues considered

  • Whether anticipatory bail can be granted in a case under the Excise Act where the accused is the owner of the seized vehicle but not in possession at the time of seizure
  • Whether the petitioner’s clean antecedent is a condition for confirming anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • vehicle ownership
  • clean antecedent
  • Section 438 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32698 of 2026
                  Arising Out of PS. Case No.-814 Year-2024 Thana- Excise P.S. District- Kaimur (Bhabua)
                 ======================================================
                 Vikrant Kumar S/o Vinay Kumar Bharti Resident of village - Korbigaha,
                 Mohsinpur, P.S - Khusharupur, Patna, District - Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Rajani Kant Pandey
                 For the Opposite Party/s :         Mr.Kanhiya Kishor
                 ======================================================
                 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), 32(i)(iii) and 41(i) (iii) 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 910.320 litres of liquor from a tractor.

                                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

                   tractor. It is next submitted that no prudent person would use his

                   own vehicle for committing a crime and thus, would create
Patna High Court CR. MISC. No.32698 of 2026(3) dt.22-06-2026
                                            2/3




          evidence against himself and hence, would get implicated. It is

          further submitted that petitioner was completely unaware that

          Sannu Kumar 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

          Prohibition and Excise Bhabua P. S. Case No.814 of 2024,

          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.32698 of 2026(3) dt.22-06-2026
                                                           3/3




                         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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