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Patna High Court

Deepak Kumar Dom @ Deepak PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bail bonds, sureties, and verification of his antecedent.

Summary

The petitioner, Deepak Kumar Dom, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in a case registered under Section 30(a) of the Excise Act for alleged recovery of 60 litres of liquor from his motorcycle. He argued that he has a clean antecedent, was not present at the spot of seizure, and was implicated merely because he owned the vehicle, which was misused by a friend who fled. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his antecedent and other conditions under Section 438(2) CrPC. The order also required the petitioner to deposit Rs.1,500 with the Advocates’ Association within two weeks. The application for anticipatory bail was allowed, pending verification of his clean record.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in a case under Section 30(a) of the Excise Act.
  • Whether ownership of the vehicle used in the alleged offence makes the petitioner liable for the offence.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • Section 30(a)
  • bail bond
  • clean antecedent
  • vehicle ownership

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6369 of 2026
                     Arising Out of PS. Case No.-626 Year-2025 Thana- ARA NAGAR District- Bhojpur
                 ======================================================
                 Deepak Kumar Dom @ Deepak Paswan S/O Lal Babu Resident of Village -
                 Musahri Toli Dharahara, P.S - Ara Town, District- Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Akash Kumar Mishra
                 For the Opposite Party/s :       Mr.Mritunjay Kumar Nirala
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-02-2026                  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

                   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 60 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.6369 of 2026(2) dt.04-02-2026
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          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

          who also fled from 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

          Ara Town P. S. Case No.626 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.6369 of 2026(2) dt.04-02-2026
                                                           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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