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Patna High Court

Vinay KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail may be granted where the accused is not in actual possession of the contraband and the alleged involvement is based solely on ownership of the vehicle, subject to verification of his criminal antecedent.

Summary

Vinay Kumar applied for anticipatory bail after a car owned by him was seized containing 231.75 litres of liquor, leading to charges under Sections 30(a) and 32(3) of the Excise Act. He argued that he was not arrested at the spot, had no conscious possession of the liquor, and was unaware that his driver misused the vehicle. The State opposed the bail. The Patna High Court, applying Section 438(2) of the Cr.P.C., granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds and two sureties, and that the trial court verify his criminal antecedent. If more than one prior case is found, the bail may be revoked; if only one prior case, the bail will be confirmed. The application was allowed.

Issues considered

  • Whether anticipatory bail can be granted in a case of alleged possession of liquor under the Excise Act when the accused is not in actual possession.
  • Whether ownership of the vehicle used for the alleged offence implicates the owner for bail purposes.
  • What conditions may be imposed on anticipatory bail concerning the accused's criminal antecedent.

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • Section 438
  • ownership of vehicle
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89185 of 2025
                  Arising Out of PS. Case No.-213 Year-2025 Thana- Excise Thana Hajipur District- Vaishali
                 ======================================================
                 Vinay Kumar S/O Rambriksh Singh Resident of Village- Shekhopur, Police
                 Station- Sahdei Bujurg,District- Vaishali.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Akash Kumar Mishra
                 For the Opposite Party/s :         Mr.Damodar Prasad Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   06-01-2026                  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) and 32(3) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of one case and allegation is of

                   recovery of 231.750 litres of liquor from a car parked in a

                   mango orchard.

                                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
Patna High Court CR. MISC. No.89185 of 2025(2) dt.06-01-2026
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          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.

                       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.5,000/- (Rupees Five Thousand) 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 Hajipur Excise P. S. Case No.213 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 more than one case, then

          it would be presumed that petitioner for the purposes of
               Patna High Court CR. MISC. No.89185 of 2025(2) dt.06-01-2026
                                                           3/3




                         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 has antecedent of one case only, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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