Patna High Court
Avinash KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions, pending verification of the petitioner’s antecedent.
Summary
Avinash Kumar applied for anticipatory bail anticipating arrest in a case under Section 30(a) of the Excise Act for allegedly possessing 5.58 litres of liquor on a scooty he owned. The petitioner argued he had a clean antecedent, was not in possession of the liquor at the time of seizure, and that ownership of the vehicle did not imply participation in the offence. The State opposed the bail, contending the seriousness of the offence. The Court, applying Section 438(2) of the Criminal Procedure Code, granted provisional anticipatory bail on the condition of furnishing bail bonds and sureties, and directed verification of the petitioner’s antecedent. The order stipulated that if any prior case is discovered, the bail would be revoked, otherwise it would be confirmed.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC for an alleged offence under Section 30(a) of the Excise Act when the accused is the owner of the vehicle but not in conscious possession of the contraband
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- clean antecedent
- ownership of vehicle
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42522 of 2026
Arising Out of PS. Case No.-151 Year-2026 Thana- BUDDHACOLONY District- Patna
======================================================
Avinash Kumar Sonjh of Lalo Singh Resident of Village and P.O.- Moratalab,
P.S.- Rahui, District- Nalanda (Bihar) 803118, Aadhar No. 860721147634
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Roushan Kumar
For the Opposite Party/s : Mr.Rabindra Kumar- A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-07-2026 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 is a person with clean antecedent and allegation is
of recovery of 5.58 litres of liquor from a scooty.
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
scooty. 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.42522 of 2026(2) dt.01-07-2026
2/3
evidence against himself and hence, would get implicated. It is
further submitted that petitioner was completely unaware that
Hakim Singh would misuse the vehicle in the manner as alleged
as he was also apprehended at the spot.
5. Learned A.P.P. 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.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
Buddha Colony P. S. Case No.151 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 even one case, then it
would be presumed that petitioner for the purposes of obtaining
Patna High Court CR. MISC. No.42522 of 2026(2) dt.01-07-2026
3/3
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.