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Patna High Court

Amit Kumar PandeyversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                           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


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