Patna High Court
Vishwamitra SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to a bail bond, sureties and verification of the petitioner’s antecedent.
Summary
Vishwamitra Singh applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case alleging the recovery of 103.68 litres of liquor and a motorcycle under Section 30(a) of the Excise Act. He asserted that he has a clean antecedent, was not in possession of the liquor, and that the vehicle involved does not belong to him but was misused by a friend. The State opposed the bail, arguing the seriousness of the offence. The Court, after considering the submissions, noted the lack of direct possession and the petitioner’s claim of innocence, and directed that provisional anticipatory bail be granted on the condition of a bail bond of Rs.500 with two sureties and subject to verification of his antecedent. The order further stipulated that if any prior case is discovered, the bail would be cancelled, otherwise it would be confirmed. Consequently, the anticipatory bail application was allowed.
Issues considered
- Whether anticipatory bail can be granted when the accused is not in direct possession of the alleged contraband and the vehicle involved does not belong to him.
- Whether a clean criminal antecedent is a necessary condition for granting anticipatory bail under Section 438 CrPC.
- What conditions may be imposed under Section 438(2) CrPC while granting anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- possession
- clean antecedent
- bail bond
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3717 of 2026
Arising Out of PS. Case No.-455 Year-2021 Thana- SIMRI District- Buxar
======================================================
Vishwamitra Singh S/o Late Ramashray Singh R/o Village- Balihar, P.S-
Simari, Dist- Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr. Kamal Deo Sharma
For the Opposite Party/s : Mr.Ramchandra Sahni
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-01-2026 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
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 103.68 litres of liquor from a place near
Hanuman Ghat along with 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 even alleged
recovery is from a place, which does not belong to the petitioner
and he came to be implicated based on the fact that he is owner
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of the seized vehicle. It is next submitted that no prudent person
would 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 his friend 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
Simari P. S. Case No.455 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
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found that petitioner has antecedent of even one case, then it
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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