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Patna High Court

Kartik @ Kartik JainversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedent.

Summary

The petitioner, Kartik Jain, applied for anticipatory bail under Section 438 of the Cr.P.C. in connection with a case alleging offences under Sections 30(a) and 32(3) of the Excise Act for the alleged recovery of 310.5 litres of liquor from a car he owned. He argued that he had a clean antecedent, was not in possession of the liquor at the time of seizure, and was unaware that the vehicle would be misused. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his antecedent by the trial court. The order stipulated that if any prior case is found, the bail would be cancelled; otherwise, it would be confirmed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. in view of the alleged offences under the Excise Act.
  • Whether ownership of the vehicle used in the alleged liquor seizure justifies arrest and denial of bail.
  • Whether the petitioner’s clean antecedent influences the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • clean antecedent
  • vehicle ownership
  • seizure of liquor

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82997 of 2025
                       Arising Out of PS. Case No.-560 Year-2025 Thana- Excise P.S. District- Siwan
                 ======================================================
                 Kartik @ Kartik Jain Son of Pradeep Kumar Jain Resident of - Flat No. 91,
                 Plot No. 29, Swastik Kunj Apartment, Rohini Sector - 13, P.S. - Rohani Sector
                 - 07, Distrcit - North West Delhi, Delhi 110085

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Bijay Prakash Singh
                 For the Opposite Party/s :        Ms.Rita Verma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-01-2026                  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) and 32(3) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and allegation is

                   of recovery of 310.5 litres of liquor from a car.

                                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 car. It

                   is next submitted that no prudent person would use his own
Patna High Court CR. MISC. No.82997 of 2025(2) dt.22-01-2026
                                            2/3




          vehicle for committing a crime and thus, would create evidence

          against himself and hence, would get implicated. It is further

          submitted that petitioner was completely unaware that Monu

          would misuse the vehicle in the manner as alleged as he was

          also apprehended at the spot along with Prawesh.

                       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.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

          Siwan Excise P. S. Case No.560 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 even one case, then it
               Patna High Court CR. MISC. No.82997 of 2025(2) dt.22-01-2026
                                                           3/3




                         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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