Patna High Court
Vikrant KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(A), 32(i)(iii), 41(i)(iii)
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
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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/-
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