Patna High Court
Niraj DasversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s antecedent.
Summary
The petitioner, Niraj Das, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for allegedly recovering 8.7 litres of liquor from a motorcycle. He argued that the vehicle was registered in his wife's name, he had handed it over to a friend, and he had no conscious possession of the liquor, asserting a clean antecedent. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his criminal antecedent and other conditions under Section 438(2). The order stipulated that if any antecedent is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed, granting anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC for an alleged offence under Section 30(a) Excise Act.
- Whether the petitioner’s lack of conscious possession and claim of clean antecedent justify the grant of bail.
- What conditions should be imposed on the provisional anticipatory bail, including verification of antecedent.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- Section 30(a)
- Criminal Procedure Code
- Section 438
- liquor seizure
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4958 of 2026
Arising Out of PS. Case No.-73 Year-2025 Thana- Bathnaha District- Araria
======================================================
Niraj Das S/o Bilo Das @ Vilo Tatma Resident of Village- Jimrahi, Ward No.
02, P.S.- Bathnaha, District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kundan Kumar Singh
For the Opposite Party/s : Mr.Zainul Abedin
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
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.
The learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 8.7 litres of liquor from a motorcycle.
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 vehicle was registered in the
name of his wife and he had given the motorcycle to his friend
Md. Ashique and thus was not aware that Md. Ashique would
Patna High Court CR. MISC. No.4958 of 2026(2) dt.02-02-2026
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misuse the vehicle in the manner as alleged as he was also
apprehended at the spot.
Learned A.P.P. opposes the anticipatory bail
application.
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
Bathnaha P. S. Case No.73 of 2025, subject to the conditions
laid down under Section 438(2) of the Cr.P.C.
The application stands allowed.
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,
in that event, the present provisional anticipatory bail order shall
Patna High Court CR. MISC. No.4958 of 2026(2) dt.02-02-2026
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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.
At this stage, the learned counsel appearing on behalf
of the petitioner based on instruction submits that petitioner
undertakes to deposit an amount of Rs.1500/- with Advocates’
Association, Patna High Court, Patna within a period of two
weeks from today.
(Satyavrat Verma, J)
vikash/-
U T
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