Patna High Court
Goutam KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to conditions, pending verification of his antecedent.
Summary
The petitioner, Goutam Kumar, applied for anticipatory bail after a case was registered under Section 30(a) of the Excise Act for the alleged recovery of 21 litres of liquor from two motorcycles, one of which he owned. He argued that he had a clean antecedent, was not in possession of the liquor at the time of arrest, and was unaware of his brother’s alleged misuse of the vehicle. The State opposed the bail, contending that the ownership of the vehicle linked the petitioner to the offence. The Court, applying Section 438(2) of the Criminal Procedure Code, considered the petitioner’s lack of direct possession and clean record, and directed that provisional anticipatory bail be granted subject to a bond and sureties. It further stipulated that the trial court verify the petitioner’s antecedent before confirming the bail, and required a deposit with the Advocates’ Association. Consequently, the anticipatory bail application was allowed pending verification.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC in a case under Section 30(a) of the Excise Act.
- Whether ownership of the vehicle used in the alleged offence implicates the petitioner.
- Whether the petitioner’s antecedent record affects the grant of 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
- Section 30(a)
- bail conditions
- criminal antecedent
- vehicle ownership
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3805 of 2026
Arising Out of PS. Case No.-65 Year-2021 Thana- DHORAIYA District- Banka
======================================================
Goutam Kumar S/o Late Munna Sah R/o Village - Chandi Prasad Lane Near
Reliance Tower, Kobhi Bari Sikandarpur, P.S - Mojahidpur, District -
Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajive Ranjan Singh
For the Opposite Party/s : Mr.Md. Matloob Rab
======================================================
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 21 litres of liquor from two motorcycles.
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 one of the
seized vehicle. It is next submitted that no prudent person would
Patna High Court CR. MISC. No.3805 of 2026(2) dt.29-01-2026
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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 his brother Maniesh would misuse the vehicle in
the manner as alleged as he was also apprehended at the spot
along with three named accused persons.
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
Dhoraiya P. S. Case No.65 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.
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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