Patna High Court
Khalil SaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to bond, sureties, and verification of the petitioner’s criminal antecedents.
Summary
Khalil Sai 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 the alleged recovery of 120 litres of liquor from a motorcycle he owned. He argued that he was not in possession of the liquor, was not arrested at the spot, and was unaware that the vehicle would be misused. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.5,000 with two sureties, subject to verification of his criminal antecedents. The court stipulated that if more than one antecedent case is found, the bail would not be confirmed; if only one antecedent is found, the bail would be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC for an offence punishable under Section 30(a) of the Excise Act.
- Whether ownership of the seized vehicle implicates the petitioner in the alleged offence.
- What conditions should be imposed on the grant of anticipatory bail in such circumstances.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438
- Excise Act
- seizure of liquor
- vehicle ownership
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57285 of 2025
Arising Out of PS. Case No.-237 Year-2023 Thana- RIVILGANJ District- Saran
======================================================
Khalil Sai S/o Aziz Sate R/o Ward No. 21, Ajmerganj, Sengar Tola, P.S.-
Revilganj, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mirtunjay Kumar Tiwary
For the Opposite Party/s : Mr.Pramod Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-01-2026 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 has antecedent of one case and allegation is of
recovery of 120 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
vehicle. It is next submitted that no prudent person would use
his own vehicle for committing a crime and thus, would create
Patna High Court CR. MISC. No.57285 of 2025(3) dt.06-01-2026
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evidence against himself and hence, would get implicated. It is
further submitted that petitioner was completely unaware that
Panchdeo 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 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.5,000/- (Rupees Five 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 Revilganj P. S. Case No.237 of 2023, 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 one case, then
it would be presumed that petitioner for the purposes of
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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 one case only, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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