Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 32(3)
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
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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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