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Patna High Court

Sujit Kumar @ S.K. MishraversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional bail subject to verification of the petitioner’s antecedent.

Summary

Sujit Kumar applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act, alleging that 20 litres of liquor were recovered from his Scorpio vehicle. He argued that he has a clean antecedent, was not arrested at the spot, and was unaware that his driver misused the vehicle. The State opposed the bail. The High Court, after noting that the procedural defects were remedied, granted provisional anticipatory bail on the condition of furnishing bail bonds and two sureties, subject to verification of his antecedent by the trial court. The order stipulated that if any prior case is discovered, the bail would be cancelled; otherwise, it would be confirmed. The application was allowed, granting the petitioner provisional anticipatory bail.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC for an offence punishable under Section 30(a) of the Excise Act
  • Whether ownership of the vehicle from which liquor was recovered makes the owner liable for anticipatory bail
  • Whether the petitioner’s clean antecedent is a requisite condition for granting anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • Excise Act
  • vehicle seizure
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86845 of 2025
                     Arising Out of PS. Case No.-133 Year-2023 Thana- RISIYAP District- Aurangabad
                 ======================================================
                 Sujit Kumar @ S.K. Mishra S/o Guneshwar Mishra R/o L.N.Mishra Colony,
                 Itki Road Hehal, P.S.- Hehal, District- Ranchi (Jharkhand)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Anil Kumar Sinha
                 For the Opposite Party/s :       Ms.Sharda Kumari
                 ======================================================
                 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) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the defects as pointed out by the office has been removed and

                   the court fee has been paid.

                                4. In view of the submissions made by the learned

                   counsel appearing on behalf of the petitioner, the defects are

                   ignored.

                                5. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and allegation is

                   of recovery of 20 litres of liquor from a Scorpio vehicle.
Patna High Court CR. MISC. No.86845 of 2025(2) dt.22-01-2026
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                       6. 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

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

          further submitted that petitioner was completely unaware that

          his driver would misuse the vehicle in the manner as alleged,

          who also fled from the spot.

                       7. Learned A.P.P. opposes the anticipatory bail

          application.

                       8. 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

          Rishiyap P. S. Case No.133 of 2023, subject to the conditions

          laid down under Section 438(2) of the Cr.P.C.
               Patna High Court CR. MISC. No.86845 of 2025(2) dt.22-01-2026
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                                      9. The application stands allowed.

                                      10.        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, 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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