Patna High Court
Vikash Kumar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting provisional bail subject to bond, sureties and verification of antecedent.
Summary
Vikash Kumar Chaudhary applied for anticipatory bail under Section 438 of the Cr.P.C. in connection with a case registered under Sections 30(a), 32 and 41 of the Excise Act for the alleged recovery of 255.5 litres of liquor from a Chevrolet car he owned. The petitioner argued that he had a clean antecedent, was not in possession of the liquor at the time of seizure, and that the vehicle was misused by his driver who fled the scene. The State opposed the bail, contending that the offences were serious. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to the conditions of Section 438(2). The trial court was instructed to verify the petitioner’s antecedent and confirm the bail if no prior cases are found, otherwise the bail would not be confirmed. The application for anticipatory bail was allowed.
Issues considered
- Whether anticipatory bail can be granted when the alleged offence involves liquor seized from a vehicle owned by the accused but not in his possession.
- Whether the petitioner’s clean antecedent is a requisite condition for granting anticipatory bail under Section 438 Cr.P.C.
- Whether the conditions prescribed under Section 438(2) of the Cr.P.C. are satisfied in the present case.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a), 32, 41
Subjects
- anticipatory bail
- Excise Act
- Section 438 Cr.P.C.
- clean antecedent
- liquor seizure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39375 of 2026
Arising Out of PS. Case No.-295 Year-2025 Thana- ARWAL District- Jehanabad
======================================================
Vikash Kumar Chaudhary S/o Late Ramayan Chaudhary Resident of Village -
Baruhi, P.S.- Sahar, Dist. - Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amish Kumar No. I
For the Opposite Party/s : Mr.Kalyan Shankar
======================================================
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
Sections 30(a), 32 and 41 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 255.5 litres of liquor from a Chevrolet car.
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 car. It
is next submitted that no prudent person would use his own
vehicle for committing a crime and thus, would create evidence
Patna High Court CR. MISC. No.39375 of 2026(2) dt.22-06-2026
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against himself and hence, would get implicated. It is further
submitted that petitioner was completely unaware that his driver
would misuse the vehicle in the manner as alleged who also fled
from 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
Arwal P. S. Case No.295 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.39375 of 2026(2) dt.22-06-2026
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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.
(Satyavrat Verma, J)
vikash/-
U T
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