Patna High Court
Srikant KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, subject to bail bond conditions and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Srikant Kumar, applied for anticipatory bail anticipating arrest in a case under Sections 30(a) and 32(c) of the Excise Act for alleged recovery of 28 litres of liquor from two motorcycles. He contended that he was not in possession of the liquor, that the motorcycles were his property, and that he was unaware of any misuse by another individual. The State opposed the bail application. The Court, invoking Section 438(2) of the Criminal Procedure Code, granted provisional anticipatory bail conditioned on the furnishing of a bail bond of Rs.5,000 with two sureties and a further deposit of Rs.2,500 with the Advocates’ Association. The order also stipulated that the trial court verify the petitioner’s criminal antecedent and that the bail could be withdrawn if more than one prior case is discovered. Consequently, the anticipatory bail application was allowed subject to the stated conditions.
Issues considered
- Whether anticipatory bail can be granted under Section 438(2) CrPC for offences punishable under the Excise Act
- Whether the petitioner’s ownership of the seized vehicles and lack of direct possession of liquor affect the grant of bail
- Whether the petitioner’s prior criminal antecedent influences the confirmation of anticipatory bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 32(c)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- ownership of vehicle
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3806 of 2026
Arising Out of PS. Case No.-432 Year-2025 Thana- Daudnagar Excise District- Aurangabad
======================================================
Srikant Kumar S/O Madan Choudhary Resident of Village- Chanhat, P.S.-
Haspura, District- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Binod Kumar Pandey
For the Opposite Party/s : Mr.Rabindra Kumar- A.P.P.
======================================================
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
Sections 30(a) and 32(c) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of one case under the Excise Act
and allegation is of recovery of 28 litres of liquor from two
different 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 motorcycle. It is next submitted that no prudent person
Patna High Court CR. MISC. No.3806 of 2026(2) dt.29-01-2026
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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 Navlesh Kumar would misuse the vehicle in the
manner as alleged as he was also apprehended at the spot along
with Ramakant Kumar and Dhananjay Kumar.
5. Learned A.P.P. Sri Rabindra Kumar 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.5,000/- (Rupees Five Thousand) 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 Daudnagar Excise P. S. Case No.432 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
Patna High Court CR. MISC. No.3806 of 2026(2) dt.29-01-2026
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found that petitioner has antecedent of more than 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 has antecedent of one case only, 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.2500/- 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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