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Patna High Court

Goutam KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
               Patna High Court CR. MISC. No.3805 of 2026(2) dt.29-01-2026
                                                           3/3




                         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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