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Patna High Court

JaipalversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                           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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