Patna High Court
Chhotu Kumar @ ChhotuversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with conditions under Section 438(2) Cr.P.C.
Summary
Chhotu Kumar, the owner of a car from which 400 litres of liquor was seized, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in a case registered under Sections 30(a) and 32(B) of the Excise Act. He argued that he had a clean antecedent, was not in possession of the liquor, and was unaware of his driver’s alleged misuse of the vehicle. 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 criminal antecedent and compliance with conditions under Section 438(2) CrPC. The order stipulated that if any antecedent is discovered, the bail would be cancelled; otherwise, it would be confirmed. The application for anticipatory bail was allowed.
Issues considered
- Whether anticipatory bail should be granted to the owner of a vehicle from which illicit liquor was seized under Sections 30(a) and 32(B) of the Excise Act.
- Whether ownership of the vehicle alone suffices to implicate the petitioner in the offence.
- What conditions must be imposed under Section 438(2) of the Cr.P.C. for granting anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 32(B)
Subjects
- anticipatory bail
- Excise Act
- Section 438 CrPC
- vehicle ownership
- clean antecedent
- seizure of liquor
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83633 of 2025
Arising Out of PS. Case No.-579 Year-2024 Thana- EXCISE DANAPUR District- Patna
======================================================
Chhotu Kumar @ Chhotu Son of Upendra Ram Village -Ambedkar Colony,
East Lohanipur ,PS -Kadamkuan, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajit Kumar
For the Opposite Party/s : Mr.Khurshid Anwar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 19-01-2026 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), 32(B) 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 400 litres of liquor from an Indigo 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
vehicle for committing a crime and thus, would create evidence
Patna High Court CR. MISC. No.83633 of 2025(3) dt.19-01-2026
2/3
against himself and hence, would get implicated. It is further
submitted that petitioner was completely unaware that his driver
and 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.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
Danapur P. S. Case No.579 of 2024, 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
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
Patna High Court CR. MISC. No.83633 of 2025(3) dt.19-01-2026
3/3
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
Checking your session…