Patna High Court
Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his criminal antecedent.
Summary
The petitioner, Sunil Kumar, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 51.84 litres of liquor from a scooty he owned. He argued that he was not in possession of the liquor at the time of seizure and was unaware of his friend's alleged misuse of the vehicle, contending that ownership alone should not implicate him. The State opposed the bail, citing the seriousness of the offence. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.5,000 with two sureties, subject to verification of his criminal antecedent. The order stipulated that if more than one prior case is found, the bail would not be confirmed; if only one prior case is found, the bail would be confirmed forthwith. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC to a person alleged to have committed an offence under Section 30(a) of the Excise Act.
- Whether mere ownership of the vehicle from which liquor was recovered, without conscious possession, bars the grant of anticipatory bail.
- How the petitioner’s criminal antecedent affects the confirmation of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- vehicle ownership
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.777 of 2026
Arising Out of PS. Case No.-596 Year-2025 Thana- SHASTRINAGAR District- Patna
======================================================
Sunil Kumar S/o Madan Rai R/o Village- Mirzapur, PS- Mahua, District-
Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amrit Abhijat
For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-01-2026 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 has antecedent of one case and allegation is of
recovery of 51.840 litres of liquor from a scooty.
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.777 of 2026(2) dt.13-01-2026
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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.
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.5,000/- (Rupees Five 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 Shastri Nagar P. S. Case No.596 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 one case, then
it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
Patna High Court CR. MISC. No.777 of 2026(2) dt.13-01-2026
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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 one case only, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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