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Patna High Court

Raja KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Raja Kumar, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 2 litres of liquor and a motorcycle. He argued that the liquor was not found in his possession and that he was unaware of his friend's alleged misuse of the vehicle, contending that ownership of the vehicle alone should not implicate him. 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 of Rs.5,000 with two sureties, subject to verification of his criminal antecedents. The order stipulated that if more than one prior case is found, the bail would be cancelled; otherwise, it would be confirmed. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 CrPC to a person alleged to have committed an offence under Section 30(a) of the Excise Act.
  • Whether mere ownership of a vehicle used in the alleged offence precludes the grant of anticipatory bail.
  • Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • criminal antecedent
  • seizure
  • motor vehicle ownership

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.92053 of 2025
                   Arising Out of PS. Case No.-479 Year-2025 Thana- LAKHISARAI District- Lakhisarai
                 ======================================================
                 Raja Kumar S/o Karan Yadav R/o Vill - Vilauri, P.S. and District- Lakhisarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Mayank Bilochan
                 For the Opposite Party/s :       Mr.Lakshmi Kant Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-01-2026                  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 has antecedent of one case and allegation is of

                   recovery of 02 litres of liquor from a bag along with 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
Patna High Court CR. MISC. No.92053 of 2025(2) dt.13-01-2026
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          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 friend 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 Lakhisarai P. S. Case No.479 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
               Patna High Court CR. MISC. No.92053 of 2025(2) dt.13-01-2026
                                                           3/3




                         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 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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