Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that anticipatory bail may be granted where the petitioner lacks conscious possession of the contraband and has a clean antecedent, subject to verification and conditions under Section 438(2) CrPC.
Summary
Rahul Kumar applied for anticipatory bail after a case was registered under Section 30(a) of the Excise Act for the alleged recovery of 25 litres of liquor from his motorcycle. He argued that he had no conscious possession of the liquor, was unaware of his friend's misuse of the vehicle, and possessed a clean criminal record. The State opposed the bail. The Patna High Court, considering these submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds and two sureties, subject to the conditions of Section 438(2) of the Criminal Procedure Code and verification of his antecedent. The court clarified that if any antecedent is discovered, the provisional bail would not be confirmed. The application was allowed, granting provisional anticipatory bail.
Issues considered
- Whether anticipatory bail can be granted under Section 438(2) CrPC for an offence punishable under Section 30(a) of the Excise Act.
- Whether ownership of the vehicle used in the alleged offence, without conscious possession of the contraband, justifies denial of bail.
- Whether the petitioner’s clean antecedent warrants the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- Section 30(a)
- Section 438(2) CrPC
- clean antecedent
- vehicle ownership
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60950 of 2025
Arising Out of PS. Case No.-67 Year-2025 Thana- KOILWAR District- Bhojpur
======================================================
Rahul Kumar S/O Anil Ray R/O Vill.- Jivrakhan Tola, P.S.-Bihta, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Priya
Mr. Prabhat Kumar Singh
For the Opposite Party/s : Mr. Ajay Kumar Jha
======================================================
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 is a person with clean antecedent and allegation is
of recovery of 25 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
motorcycle. It is next submitted that no prudent person would
use his own vehicle for committing a crime and thus, would
Patna High Court CR. MISC. No.60950 of 2025(3) dt.06-01-2026
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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.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
Koilwar P. S. Case No.67 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.60950 of 2025(3) dt.06-01-2026
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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.
(Satyavrat Verma, J)
vikash/-
U T
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