Patna High Court
Rudal KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting provisional bail subject to verification of the petitioner’s antecedent.
Summary
Rudal Kumar applied for anticipatory bail in a case under Sections 30(a), 30(c), 30(d) and 32(3) of the Excise Act for allegedly recovering 210 litres of spirit and 3,240 empty liquor bottles from his truck. The petitioner argued that he was not present at the spot of seizure, had a clean antecedent, and was unaware of any misuse of his vehicle by the driver and khalasi, who were arrested. The State opposed the bail, citing the seriousness of the offences. The Court, noting the lack of a departmental report and the petitioner’s clean record, granted provisional anticipatory bail subject to a Rs.500 bail bond, two sureties, and verification of antecedents under Section 438(2) of the Cr.P.C. The order stipulated that if any criminal antecedent is discovered, the bail would not be confirmed.
Issues considered
- Whether anticipatory bail can be granted under Section 438 Cr.P.C. in the absence of a departmental report and given the facts of the case.
- Whether the petitioner’s clean antecedent and lack of direct possession of the seized goods justify granting anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 30(c), 30(d), 32(3)
Subjects
- anticipatory bail
- Excise Act
- Section 438 CrPC
- clean antecedent
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82482 of 2025
Arising Out of PS. Case No.-882 Year-2025 Thana- Excise P.S. District- Aurangabad
======================================================
Rudal Kumar S/o Mangru Rai Resident of - Karorichak, Devi Sthan, P.S -
Phulwari sharif, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashutosh Kumar Singh
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 21-01-2026 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
Sections 30(a), 30(c), 30(d) and 32(3) of the Excise Act.
3. The learned counsel for the petitioner submits that
the case was taken up on 17.12.2025 when a report was called
for from the Secretary, Prohibition, Excise and Registration
Department, Government of Bihar and the Director General of
Police, Bihar with regard to action taken to implement the
prohibition in the State of Bihar in its true spirit, but the report
till date has not been received.
4. The Court will not wait endlessly for the report.
5. The learned counsel for the petitioner next submits
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that the petitioner is a person with clean antecedent and
allegation is of recovery of 210 litres of spirit along with 3240
empty bottles of liquor from a truck.
6. 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 truck.
It is next submitted that no prudent person would use his own
vehicle for committing a crime and thus, would create evidence
against himself and hence, would get implicated and at the same
time would bring disrepute to his business. It is further
submitted that petitioner was completely unaware that his driver
and khalasi would misuse the vehicle in the manner as alleged
who were also apprehended from the spot, but then, they have
been enlarged on regular bail.
7. Learned A.P.P. opposes the anticipatory bail
application.
8. 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
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sum 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
Excise P. S. Aurangabad Case No.882 of 2025, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
9. The application stands allowed.
10. 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 even one case,
then it would be presumed that petitioner for the purposes of
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 is a person with clean antecedent, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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