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Patna High Court

Pawan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to bail bonds, sureties, verification of antecedent and a deposit, under Section 438(2) CrPC.

Summary

Pawan Kumar applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under the Excise Act alleging offences under Sections 30(a), 41 and 56(b) for the alleged recovery of 20.940 litres of liquor from his Ertiga car. He argued that he had a clean antecedent, was not in possession of the liquor at the time of seizure and was implicated merely as the owner of the vehicle. The State opposed the bail. The Patna High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 each with two sureties, and subject to verification of his antecedent and a deposit of Rs.1,500 with the Advocates’ Association. The court clarified that if any antecedent is discovered, the provisional bail would not be confirmed. The application was allowed.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC for alleged offences under the Excise Act involving liquor seized from a vehicle owned by the accused.
  • Whether ownership of the vehicle, without actual possession of the contraband, suffices to justify arrest and denial of bail.
  • Whether the petitioner’s clean antecedent is a condition for confirming the provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • liquor seizure
  • vehicle ownership
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6094 of 2026
                       Arising Out of PS. Case No.-1595 Year-2025 Thana- Excise P.S. District- Patna
                 ======================================================
                 Pawan Kumar S/O Devendra Prasad R/O Vill.- Adarsh Colony, Kurthaul,
                 P.O.- Kurthaul Main Road, Dariyapur, Dist.- Patna- 804453

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Mukesh Kumar Laldev
                 For the Opposite Party/s :         Mr.Harendra Prasad
                 ======================================================
                 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), 41 and 56(b) 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 20.940 litres of liquor from an Ertiga 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 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.6094 of 2026(2) dt.03-02-2026
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          evidence against himself and hence, would get implicated. It is

          further submitted that petitioner was completely unaware that

          Vishal 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.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

          Excise P. S. Case No.1595 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
               Patna High Court CR. MISC. No.6094 of 2026(2) dt.03-02-2026
                                                           3/3




                         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 is a person with clean antecedent, 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.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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