Patna High Court
Subodh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to conditions under Section 438(2) of the Cr.P.C.
Summary
The petitioner, Subodh Kumar Singh, applied for anticipatory bail in a case under Sections 30(a) and 41(i) of the Excise Act concerning the alleged recovery of 103.92 litres of liquor from an Alto car. He argued that he was not arrested at the spot, had no conscious possession of the liquor, and was not the owner of the vehicle, with no legal document evidencing a transfer of ownership. The State opposed the bail, contending the seriousness of the offences. The High Court, considering the petitioner’s clean antecedent and the lack of possession, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditions under Section 438(2) of the Cr.P.C. The trial court was directed to verify the petitioner’s criminal antecedent; if any case is found, the bail would not be confirmed, otherwise it would be confirmed forthwith. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the Excise Act offences.
- Whether the lack of a transfer document and absence of possession affect the grant of bail.
- Whether the petitioner poses a risk of absconding or tampering with evidence.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a), 41(i)
Subjects
- anticipatory bail
- Excise Act
- Section 438 CrPC
- bail conditions
- criminal antecedent
- vehicle seizure
- liquor smuggling
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45437 of 2026
Arising Out of PS. Case No.-125 Year-2025 Thana- Jagdishpur District- West Champaran
======================================================
Subodh Kumar Singh Son of Late Awadhesh Singh Resident of Ganga Bihar
Colony, Beur Jail, Anishabad, P.S.- Phulwari, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dewendra Narayan Singh
For the Opposite Party/s : Mr.Nand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-07-2026 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) and 41(i) 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 103.92 litres of liquor from an alto car.
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 is not the owner of
the seized car and he came to be implicated during the course of
investigation on the ground that the owner of the vehicle had
sold the vehicle to the petitioner, but then it is submitted that
Patna High Court CR. MISC. No.45437 of 2026(2) dt.09-07-2026
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police in a mechanical manner implicated the petitioner when
there is no legal document of transferring the vehicle in the
name of the petitioner.
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
Jagdishpur P. S. Case No.125 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 even one case, then it
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
Patna High Court CR. MISC. No.45437 of 2026(2) dt.09-07-2026
3/3
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/-
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