Patna High Court
Raj Kumar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedent and compliance with the conditions of Section 438(2) CrPC.
Summary
The petitioner, Raj Kumar Chaudhary, sought anticipatory bail under Section 438 of the Criminal Procedure Code in a case registered under Section 30(a) of the Excise Act for alleged recovery of 10 litres of liquor from his motorcycle. He contended that he had a clean antecedent, was not in possession of the liquor, and was unaware of his brother's alleged misuse of the vehicle. The State opposed the bail application. The Patna High Court directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his criminal antecedent and compliance with the conditions of Section 438(2). The court clarified that the provisional bail would be confirmed only if the petitioner is found to have a clean antecedent; otherwise it would be withdrawn. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Excise Act where the accused claims lack of possession and clean antecedent
- Whether ownership of the vehicle used in the alleged offence implicates the accused for anticipatory bail
- Whether the conditions of Section 438(2) CrPC are satisfied for granting provisional anticipatory bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- clean antecedent
- vehicle ownership
- provisional bail
- criminal antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89995 of 2025
Arising Out of PS. Case No.-276 Year-2025 Thana- TILAUTHU District- Rohtas
======================================================
Raj Kumar Chaudhary S/O Ram Janam Chaudhary R/O Village- Chorkap,
P.S- Tilauthu, Dist- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajani Kant Singh
For the Opposite Party/s : Ms.Veena Kumari Jaiswal- A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 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 petitioner is a person with clean antecedent and allegation is
of recovery of 10 litres of liquor from a motorcycle.
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
motorcycle. It is next submitted that no prudent person would
use his own vehicle for committing a crime and thus, would
Patna High Court CR. MISC. No.89995 of 2025(3) dt.22-01-2026
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create evidence against himself and hence, would get
implicated. It is further submitted that petitioner was completely
unaware that his brother Lal Babu Chaudhary would misuse the
vehicle in the manner as alleged as he was also apprehended at
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
Tilauthu P. S. Case No.276 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
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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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