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Patna High Court

Santosh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that anticipatory bail should be granted, subject to conditions, as the petitioner has no personal involvement and a clean antecedent.

Summary

Santosh Kumar applied for anticipatory bail after a case was registered under Sections 30(a) and 32(3) of the Excise Act for the alleged recovery of 2,355.48 litres of liquor from a truck he owned. The petitioner argued that he had a clean antecedent, was not arrested at the spot, and the liquor was not in his conscious possession; the alleged misuse was by his driver and co‑driver in collusion with the consignee. The State opposed the bail. The Court considered the petitioner’s lack of personal involvement, clean record, and the provisions of Section 438(2) of the Cr.P.C. and directed that he be released on provisional anticipatory bail upon furnishing bail bonds and sureties. The trial court was instructed to verify his antecedent and may cancel the bail if any prior case is found. The application for anticipatory bail was allowed subject to the stipulated conditions.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case under the Excise Act
  • Whether the petitioner’s alleged ownership of the vehicle implicates him in the offence

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • Section 438 CrPC
  • clean antecedent
  • liquor seizure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8550 of 2026
                    Arising Out of PS. Case No.-959 Year-2025 Thana- Excise P.S. District- Muzaffarpur
                 ======================================================
                 Santosh Kumar S/o Late Nageshwar Sahni R/o Village - Purainia, P.S -
                 Lalganj, District - Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Anish Kumar
                 For the Opposite Party/s :        Mr.Pradeep Narain Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   06-04-2026                  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 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 2355.48 litres of liquor from a truck.

                                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 truck.

                   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.8550 of 2026(3) dt.06-04-2026
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          against himself and hence, would get implicated and at the same

          time shall bring disrepute to his business. It is further submitted

          that petitioner was completely unaware that his driver and co-

          driver in connivance with the consignee would misuse the

          vehicle in the manner as alleged who also fled from 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.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

          Muzaffarpur Excise P. S. Case No.959 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.8550 of 2026(3) dt.06-04-2026
                                                           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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