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Patna High Court

Akshay Kumar @ Akshay Kumar RayversusThe State of Bihar

Decided
Disposal
DISPOSED

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 The order stipulated that if more than two prior cases are found, the bail would be withdrawn; otherwise, it would be confirmed.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

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
                                            2/3




          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
                                                           3/3




                         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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