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Patna High Court

Sunil Kumar RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

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

Summary

The petitioner, Sunil Kumar Rai, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act, where 20 litres of liquor were recovered from a scooty he owned. He argued that he had a clean antecedent, was not arrested at the spot, and had no knowledge of the alleged misuse of his vehicle. The State opposed the bail. 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 criminal antecedent. The order stipulated that if any antecedent is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The court also required the petitioner to deposit Rs.1500 with the Advocates’ Association within two weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC for an alleged offence under Section 30(a) of the Excise Act.
  • Whether ownership of the seized vehicle implicates the petitioner in the offence.
  • Whether the petitioner’s clean antecedent warrants the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • Section 30(a)
  • Section 438 CrPC
  • clean antecedent
  • vehicle seizure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3745 of 2026
                         Arising Out of PS. Case No.-272 Year-2025 Thana- PARSA District- Saran
                 ======================================================
                 Sunil Kumar Rai S/o- Birendra Rai Village- Gangoi PS- Bheldi, Dist- Saran at
                 Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Nalin Kumar
                 For the Opposite Party/s :       Ms.Sangeeta Sharma
                 ======================================================
                 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 20 litres of liquor from a scooty.

                                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

                   scooty. 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.3745 of 2026(2) dt.29-01-2026
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          evidence against himself and hence, would get implicated. It is

          further submitted that petitioner was completely unaware that

          Bachchalal 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

          Parsa P. S. Case No.272 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.3745 of 2026(2) dt.29-01-2026
                                                           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.

                                      9. At this stage, the learned counsel appearing on

                         behalf of the petitioner based on instruction submits that

                         petitioner undertakes to deposit an amount of Rs.1500/- with

                         Advocates’ Association, Patna High Court, Patna within a

                         period of two weeks from today.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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