Patna High Court
Ravi NutversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail may be granted under Section 438(2) CrPC when the petitioner is not in possession of the seized goods, was not arrested on the spot, and his antecedent cases do not exceed four, subject to verification.
Summary
The petitioner, Ravi Nut, applied for anticipatory bail in a case registered under Sections 30(a) and 41(i) of the Excise Act for allegedly recovering 220 litres of spirit from a motorcycle. He argued that he was not arrested at the spot, had no conscious possession of the seized motorcycle, and was implicated by a local informant. The State opposed the bail, citing the petitioner’s antecedent of four criminal cases, three of which are also under the Excise Act. The Court, applying Section 438(2) of the Criminal Procedure Code, granted provisional anticipatory bail on the condition of a Rs.20,000 bail bond with two sureties and directed verification of his criminal antecedents. The order stipulated that if more than four antecedent cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438(2) CrPC in view of the alleged offences under the Excise Act and his criminal antecedents.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 41(i)
Subjects
- anticipatory bail
- Excise Act
- Section 438 CrPC
- bail bond
- criminal antecedent
- seizure of liquor
- motorcycle
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6982 of 2026
Arising Out of PS. Case No.-260 Year-2025 Thana- TARAIYA District- Saran
======================================================
Ravi Nut S/O Sanjay Nut R/O Village- Dewariya, P.S- Taraiya, Distt.- Saran
at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dewendra Narayan Singh
For the Opposite Party/s : Mr.Umanath Mishra
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-02-2026 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) and 41(i) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of four cases out of which three
cases are under the Excise Act and allegation is of recovery of
220 litres of spirit 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 is not the owner of
the seized motorcycle and he came to be implicated at the
instance of local person, but then, it is submitted that police in
Patna High Court CR. MISC. No.6982 of 2026(2) dt.19-02-2026
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majority of cases implicating innocent persons either at the
behest of Chaukidar, local person, secret information and
confessional statement in a mechanical manner without holding
a proper investigation.
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.20,000/- (Rupees Twenty 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 Taraiya P. S. Case No.260 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 four cases,
then it would be presumed that petitioner for the purposes of
Patna High Court CR. MISC. No.6982 of 2026(2) dt.19-02-2026
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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 four cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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