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Patna High Court

Rahul SoniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, granting provisional bail subject to verification of the petitioners' antecedents.

Summary

Petitioners Rahul Soni and Deepak Kumar Soni, brothers, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act alleging recovery of five litres of beer from a car. They argued they have clean antecedents, were not arrested at the spot, and the vehicle was registered in the name of the second petitioner, who was unaware of any misuse. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioners be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 each with two sureties, subject to verification of their criminal antecedent. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application for anticipatory bail was allowed.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC for an alleged offence under Section 30(a) of the Excise Act where the accused were not arrested at the spot and claim lack of conscious possession.
  • Whether ownership of the vehicle implicated in the offence precludes the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • Excise Act
  • possession
  • vehicle ownership
  • clean antecedent
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.55862 of 2025
                       Arising Out of PS. Case No.-130 Year-2025 Thana- KOCHAS District- Rohtas
                 ======================================================
           1.     Rahul Soni S/o Ashok Soni R/O Village Ganiyari, Ward No. 41, P.S.-
                  Baidhan, Distt.- Singrauli, M.P
           2.    Deepak Kumar @ Deepak Kr. Soni S/o Bal Govind Soni R/O Village
                 Ganiyari, Ward No. 41, P.S.- Baidhan, Distt.- Singrauli, M.P

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajesh Kumar Singh
                 For the Opposite Party/s :       Mr.Dinesh Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   05-01-2026                  1. Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners seek bail in anticipation of their

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioners submits that

                   the petitioners are persons with clean antecedent and the

                   allegation is of recovery of 05 litre of beer from a car.

                                4. The learned counsel for the petitioners submits that

                   petitioners were not arrested from the spot, as such, nothing was

                   recovered from their conscious possession and petitioners are

                   brothers and they came to be implicated for the reason that the
Patna High Court CR. MISC. No.55862 of 2025(3) dt.05-01-2026
                                            2/3




          seized vehicle is registered in the name of petitioner no.2. It is

          next submitted that no prudent person would use his own

          vehicle for committing a crime and thus, would create evidence

          against himself and hence, would get implicated. It is further

          submitted that petitioner was completely unaware that Ajay

          would misuse the vehicle in the manner as alleged as he was

          also apprehended at the spot.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners, above-named, in the

          event of their arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on their furnishing bail-bonds in

          the sum of Rs.500/- (Rupees Five Hundred) each 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 Kochas P. S. Case No.130 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 petitioners shall
               Patna High Court CR. MISC. No.55862 of 2025(3) dt.05-01-2026
                                                           3/3




                         verify the criminal antecedent of the petitioners and in the event,

                         if it is found that petitioners have antecedent of even one case,

                         then it would be presumed that petitioners for the purposes of

                         obtaining anticipatory bail had concealed their 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 petitioners are persons 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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