Patna High Court
Rahul Kumar @ Pawan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent and compliance with the stipulated conditions.
Summary
The petitioner, Rahul Kumar, sought anticipatory bail after being implicated in a case under Section 414 of the IPC and Section 30(a) of the Bihar Excise Act for the alleged recovery of 100 litres of liquor from a motorcycle he owned. He argued that he had a clean antecedent, was not arrested at the spot, and had no conscious possession of the liquor, asserting that the vehicle’s owner should not be presumed guilty for the misuse by another person. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and ordered verification of the petitioner’s criminal antecedent within six weeks. If any antecedent is found, the bail will not be confirmed; if the petitioner is found to have a clean record, the provisional bail will be confirmed. The order was made under the inherent powers of the High Court under Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether ownership of the vehicle alone can constitute sufficient ground for arrest under Section 414 IPC and the Bihar Excise Act.
- Whether the High Court can condition anticipatory bail on verification of the petitioner’s criminal antecedent.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 414
Subjects
- anticipatory bail
- Section 414 IPC
- Bihar Excise Act
- vehicle ownership
- criminal antecedent
- Section 482 CrPC
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69863 of 2025
Arising Out of PS. Case No.-131 Year-2020 Thana- ROSHANGANJ District- Gaya
======================================================
Rahul Kumar @ Pawan Kumar S/o Vijay Prasad R/o Village - Naudhariya,
P.S - Buniyadganj, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prithivi Raj Singh
For the Opposite Party/s : Mr.Shyam Bihari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 07-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 414 of IPC
and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 100 litres of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that the
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 an occurrence and thus would
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create evidence against himself and hence would get implicated,
it is further submitted that petitioner was completely unaware
that Chotu would misuse the vehicle in the manner as alleged,
who was also apprehended from the spot.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
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 trial court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds 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 Banke
Bazar (Rausanganj) P.S. Case No. 131 of 2020, subject to the
conditions as laid down under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
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
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner is a
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person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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