Created by Fuzzy Cloud

Patna High Court

Rudal KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.82482 of 2025(3) dt.21-01-2026
                                            2/3




          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
               Patna High Court CR. MISC. No.82482 of 2025(3) dt.21-01-2026
                                                           3/3




                         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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.