Patna High Court
Sujit Kumar @ S.K. MishraversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
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
3/3
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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