Patna High Court
Sudhir Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
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
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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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