Patna High Court
JaipalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail may be granted where the petitioner is not in possession of the alleged contraband and has a clean antecedent, subject to verification and conditions under Section 438(2) of the Cr.P.C.
Summary
Jaipal, the owner of a Scorpio vehicle from which 320.580 litres of liquor was seized, applied for anticipatory bail under Section 438 of the Cr.P.C. for alleged offences under Sections 30(a), 32(ii) and 41(i) of the Excise Act. He argued that he was not present at the spot of seizure, had no conscious possession of the liquor, and was unaware that the vehicle would be misused by another person. The State opposed the bail. The Patna High Court, after considering the submissions, directed that Jaipal 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 conditions under Section 438(2). The order stipulated that if any antecedent is discovered, the bail would be cancelled; otherwise, it would be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted when the petitioner is not in actual possession of the seized liquor.
- Whether ownership of the vehicle used for the alleged offence suffices to attract criminal liability.
- Whether a clean antecedent is a prerequisite for granting anticipatory bail under Section 438 Cr.P.C.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 32(ii), 41(i)
Subjects
- anticipatory bail
- Excise Act
- Section 438 CrPC
- vehicle seizure
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.933 of 2026
Arising Out of PS. Case No.-165 Year-2025 Thana- RAMPUR HARI District- Muzaffarpur
======================================================
Jaipal Son of Om Kanwar Resident Of Khudan 242, Po-khudan, Ps-jhajjar,
District-jhajjar, Haryana
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Keshav Bhardwaj
For the Opposite Party/s : Ms.Meena Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-01-2026 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
Sections 30(a), 32(ii) and 41(i) 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 320.580 litres of liquor from a Scorpio vehicle.
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
vehicle. It is next submitted that no prudent person would use
his own vehicle for committing a crime and thus, would create
Patna High Court CR. MISC. No.933 of 2026(2) dt.19-01-2026
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evidence against himself and hence, would get implicated. It is
further submitted that petitioner was completely unaware that
Munna Sharma would misuse the vehicle in the manner as
alleged as he was also apprehended at the spot along with
Vikash Kumar.
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
Rampurhari P. S. Case No.165 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.933 of 2026(2) dt.19-01-2026
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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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