Patna High Court
Amit Kumar PandeyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that anticipatory bail may be granted provisionally, subject to conditions under Section 438(2) CrPC and verification of the petitioner’s antecedent.
Summary
Amit Kumar Pandey applied for anticipatory bail in a case under Section 30(a) of the Excise Act for allegedly possessing 2.520 litres of liquor recovered from his motorcycle. The petitioner argued that he had no prior criminal record, was not arrested at the spot, and was unaware that his friend misused the vehicle. The State opposed the bail, contending that ownership of the vehicle could implicate the petitioner. The High Court, applying Section 438(2) of the Criminal Procedure Code, granted provisional anticipatory bail conditioned on a Rs.500 bail bond with two sureties and verification of the petitioner’s antecedent. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted when the alleged offence involves liquor recovered from a vehicle owned by the petitioner.
- Whether ownership of the vehicle alone establishes culpability under Section 30(a) of the Excise Act.
- Whether the petitioner’s clean antecedent is a condition for confirming anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- Section 30(a)
- Criminal Procedure Code
- Section 438(2)
- vehicle ownership
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45343 of 2026
Arising Out of PS. Case No.-473 Year-2026 Thana- MAJHAULIA District- West Champaran
======================================================
Amit Kumar Pandey S/o Jitendra Pandey Resident of Village - Satbhirwa,
Ward No. 14, P.S. - Majhauliya, Dist. - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Shrivastava
For the Opposite Party/s : Mr.Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-07-2026 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 2.520 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.45343 of 2026(2) dt.08-07-2026
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create evidence against himself and hence, would get
implicated. It is further submitted that petitioner was completely
unaware that his friend 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
Majhauliya P. S. Case No.473 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.45343 of 2026(2) dt.08-07-2026
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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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