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Patna High Court

Sudhir Kumar GuptaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted subject to bail bonds, sureties, and verification of the petitioner’s antecedent, with the order to be confirmed if no prior case is found.

Summary

The petitioner, Sudhir Kumar Gupta, applied for anticipatory bail under Section 438 of the Cr.P.C. in connection with a case under Section 30(a) of the Excise Act alleging recovery of 65.850 litres of liquor from his vehicle. He argued that he had no prior criminal record, was not in possession of the liquor at the time of seizure, and was unaware of his driver’s alleged misuse of the vehicle. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds and two sureties, subject to verification of his antecedents and compliance with Section 438(2) conditions. The order stipulated that if any antecedent is discovered, the bail would be revoked; otherwise, it would be confirmed. The application was allowed.

Issues considered

  • Whether anticipatory bail can be granted when the accused is not in conscious possession of the alleged contraband.
  • Whether a clean criminal antecedent is a prerequisite for granting anticipatory bail under Section 438 Cr.P.C.
  • What conditions must be imposed under Section 438(2) of the Cr.P.C. in granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 Cr.P.C.
  • Excise Act
  • liquor seizure
  • clean antecedent
  • provisional bail
  • vehicle ownership

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90123 of 2025
                  Arising Out of PS. Case No.-198 Year-2025 Thana- SARAI RANJAN District- Samastipur
                 ======================================================
                 Sudhir Kumar Gupta Son of Sangram Jee R/O Vill.- Kagaji Muhalla Daldari,
                 P.S.- Siwan, District - Siwan.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Anish Kumar
                 For the Opposite Party/s :       Mr.Kanhiya Kishor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-01-2026                  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 65.850 litres of liquor from a Scorpio and 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 one of the

                   seized Scorpio. It is next submitted that no prudent person
Patna High Court CR. MISC. No.90123 of 2025(2) dt.08-01-2026
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          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 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

          Sarairanjan P. S. Case No.198 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.90123 of 2025(2) dt.08-01-2026
                                                           3/3




                         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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