Patna High Court
Rahul Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to bond, sureties and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Rahul Kumar Singh, sought anticipatory bail under Section 438(2) of the Criminal Procedure Code in connection with a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 432 litres of liquor from two vehicles he owned. He argued that he was not arrested at the scene, had no liquor in his possession, and was unaware that his driver misused the vehicle. The State opposed the bail. The High Court granted provisional anticipatory bail, requiring a bail bond of Rs.50,000 with two sureties, and conditioned the confirmation of bail on verification of the petitioner’s criminal antecedent—if more than ten prior cases are found, the bail will not be confirmed; if ten or fewer, it will be confirmed.
Issues considered
- Whether anticipatory bail can be granted under Section 438(2) CrPC in the present circumstances.
- Whether the petitioner’s prior criminal antecedent of ten cases precludes the grant of anticipatory bail.
- Whether ownership of a vehicle used by a driver for alleged illegal liquor transport suffices to justify arrest.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- excise law
- liquor seizure
- vehicle ownership
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72933 of 2025
Arising Out of PS. Case No.-205 Year-2025 Thana- NAUTAN District- Siwan
======================================================
Rahul Kumar Singh S/o Late Ganga Sagar Singh Resident of Village- Pipra,
P.S.- Mairwa, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, A.P.P.
======================================================
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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of ten cases under the Excise Act and
allegation is of recovery of 432 litres of liquor from two
vehicles.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner came to be implicated based on the fact that he is
owner of one of the seized vehicles. It is next submitted that no
prudent person would use his own vehicle for committing an
Patna High Court CR. MISC. No.72933 of 2025(3) dt.07-01-2026
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occurrence and thus would create evidence against himself and
hence would get implicated. It is also submitted that petitioner
was completely unaware that his driver would misuse the
vehicle in the manner as alleged who also fled away from the
place of occurrence.
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, let 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.50,000/- (Rupees Fifty 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
Nautan P.S. Case No. 205 of 2025, subject to the conditions as
laid down under Section 438 (2) of the Cr.P.C.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of more than ten cases,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
Patna High Court CR. MISC. No.72933 of 2025(3) dt.07-01-2026
3/3
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only ten cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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