Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his criminal antecedent.
Summary
The petitioner, Rohit Kumar, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 360 litres of liquor from his vehicle. He argued that he was not present at the spot of seizure, had no conscious possession of the liquor, and was unaware that his vehicle would be misused by another person. The State opposed the bail, contending that the petitioner’s ownership of the vehicle implicated him in the offence. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds and sureties, subject to verification of his criminal antecedent. The order further stipulated that if more than one prior case is found, the bail would not be confirmed, whereas confirmation would follow if only one antecedent case is verified.
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 vehicle used in the alleged offence is sufficient ground to deny anticipatory bail.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- Section 30(a)
- Section 438 CrPC
- vehicle ownership
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39352 of 2026
Arising Out of PS. Case No.-124 Year-2026 Thana- NADI P.S. District- Patna
======================================================
Rohit Kumar S/O Sahdev Singh R/O Village -Pitambarpur, PO- Dumari, PS-
Fatuha, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Parmeshwar Vishwakarma
For the Opposite Party/s : Mr.Khurshid Anwar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-06-2026 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 has antecedent of one case under the Excise Act
and allegation is of recovery of 360 litres of liquor from an auto.
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
vehicle. 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.39352 of 2026(2) dt.22-06-2026
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evidence against himself and hence, would get implicated. It is
further submitted that petitioner was completely unaware that
Rakesh 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.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 Nadi P. S. Case No.124 of 2026, 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 more than one case, then
it would be presumed that petitioner for the purposes of
Patna High Court CR. MISC. No.39352 of 2026(2) dt.22-06-2026
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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 only one case, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
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