Patna High Court
Subodh ChauhanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Subodh Chauhan, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Sections 30(a) and 41 of the Excise Act for alleged recovery of 20 litres of liquor from his motorcycle. He argued that he was not in possession of the liquor, that the vehicle was merely owned by him, and that he was unaware of any misuse by a third party. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.5,000 with two sureties, subject to verification of his criminal antecedent. If more than one prior case is found, the bail would be cancelled; if only one prior case, the bail would be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in a case under the Excise Act.
- Whether ownership of the vehicle used in the alleged offence justifies arrest and denial of bail.
- Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 41
Subjects
- anticipatory bail
- Excise Act
- Section 438 CrPC
- vehicle ownership
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83116 of 2025
Arising Out of PS. Case No.-149 Year-2025 Thana- MESKAUR District- Nawada
======================================================
Subodh Chauhan S/o Radhe Chauhan @ Radhey Chauhan R/o Village -
Pachamba, Post - Sandh, P.S - Sirdala, District - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vivek Kumar Sinha
For the Opposite Party/s : Ms.Gulnar Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-01-2026 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) and 41 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 20 litres of liquor from a motorcycle.
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.83116 of 2025(2) dt.05-01-2026
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evidence against himself and hence, would get implicated. It is
further submitted that petitioner was completely unaware that
Mithilesh would misuse the vehicle in the manner as alleged as
he was also apprehended at the spot.
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 Meskaur P. S. Case No.149 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
Patna High Court CR. MISC. No.83116 of 2025(2) dt.05-01-2026
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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 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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