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Patna High Court

Ravi NutversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                           3/3




                         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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