Patna High Court
Munna KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, subject to bond, sureties and verification of antecedents.
Summary
Munna Kumar applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with offences under Sections 30(a) and 41 of the Excise Act, alleging that the liquor seized from a scooty belonged to a friend and that he was not in possession at the time of the alleged offence. The petitioner disclosed two prior criminal cases, one also under the Excise Act, and argued that ownership of the vehicle should not automatically implicate him. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and a verification of the petitioner’s criminal antecedents. The order further stipulated that if more than two prior cases are found, the bail would not be confirmed, and the petitioner must deposit Rs.2,500 with the Advocates’ Association.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC for offences punishable under Sections 30(a) and 41 of the Excise Act.
- Whether mere ownership of the vehicle used in the alleged offence is sufficient to deny anticipatory bail.
- How the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 41
Subjects
- anticipatory bail
- Excise Act
- Section 438
- criminal antecedent
- vehicle ownership
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5663 of 2026
Arising Out of PS. Case No.-70 Year-2025 Thana- PIPRA District- Patna
======================================================
Munna Kumar S/o Ramvalak Ray Resident of Village- Bishun Pur Pakri, P.S.-
Pakri, Patna, Bihar- 800002
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vishal Prasad
For the Opposite Party/s : Mr.Bishweshwar Ram
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 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
Sections 30(a) and 41 of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of two cases out of which one case
is under the Excise Act and allegation is of recovery of 35 litres
of liquor from a scooty.
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
scooty. It is next submitted that no prudent person would use his
Patna High Court CR. MISC. No.5663 of 2026(2) dt.03-02-2026
2/3
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
his friend would misuse the vehicle in the manner as alleged.
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.10,000/- (Rupees Ten Thousand) 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 Pipra P. S. Case No.70 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 more than two cases,
then it would be presumed that petitioner for the purposes of
Patna High Court CR. MISC. No.5663 of 2026(2) dt.03-02-2026
3/3
obtaining 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 has antecedent of two cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
9. 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.2500/- with
Advocates’ Association, Patna High Court, Patna within a
period of two weeks from today.
(Satyavrat Verma, J)
vikash/-
U T
Checking your session…