Patna High Court
Akshay Kumar @ Akshay Kumar RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of his criminal antecedents.
Summary
Akshay Kumar Ray, the owner of a motorcycle from which 24 litres of liquor was allegedly recovered, applied for anticipatory bail under Section 438 of the Criminal Procedure Code. The petitioner argued that he was not in possession of the liquor, was not arrested at the spot, and was unaware of any misuse of his vehicle by a third party. The State opposed the bail, citing the offences under Sections 30(a) and 32(3) of the Excise Act and the petitioner’s antecedent of two prior cases. The Court considered that ownership alone does not constitute possession and that the petitioner’s lack of knowledge negated direct involvement. It granted provisional anticipatory bail, requiring a bail bond of Rs.10,000 with two sureties and subject to verification of the petitioner’s criminal antecedents. The order stipulated that if more than two prior cases are found, the bail would be withdrawn; otherwise, it would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC despite alleged involvement in an Excise offence.
- Whether ownership of the vehicle used in the alleged offence constitutes sufficient ground to deny bail.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a), 32(3)
Subjects
- anticipatory bail
- Section 438
- Excise Act
- possession
- criminal antecedent
- bail bond
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39902 of 2026
Arising Out of PS. Case No.-881 Year-2025 Thana- Excise P.S. District- Gaya
======================================================
Akshay Kumar @ Akshay Kumar Ray S/o Jitendra Kumar Resident of
Village- Rohan Bigha, P.S.- Belaganj, District- Gaya,
... ... Petitioner/s
Versus
The State of Biha
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gajendra Kumar Singh
For the Opposite Party/s : Ms.Pronoti Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-06-2026 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) and 32(3) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of two cases and allegation is of
recovery of 24 litres of liquor from a motorcycle.
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
motorcycle. It is next submitted that no prudent person would
use his own vehicle for committing a crime and thus, would
Patna High Court CR. MISC. No.39902 of 2026(2) dt.23-06-2026
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create evidence against himself and hence, would get
implicated. It is further submitted that petitioner was completely
unaware that Kundan would misuse the vehicle in the manner as
alleged as he was also apprehended at the spot along with
Vikash.
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.10,000/- (Rupees Ten 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 Gaya Excise P. S. Case No.881 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 more than two cases,
Patna High Court CR. MISC. No.39902 of 2026(2) dt.23-06-2026
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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 two cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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