Patna High Court
Bisu Bauri @ Bishu BauriversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedent and compliance with the conditions of Section 438(2) CrPC.
Summary
The petitioner, Bisu Bauri, applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act, alleging recovery of 1,035 litres of liquor from a truck he owned. He argued that he had no prior criminal record, was not in possession of the liquor at the time of seizure, and was unaware that the driver would misuse his 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 of Rs.500 with two sureties, subject to verification of his antecedent. The order stipulated that if any prior case is found, the bail would be cancelled; otherwise, it would be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted when the accused is not in actual possession of the alleged contraband.
- Whether a clean criminal antecedent is a prerequisite for granting anticipatory bail under Section 438 CrPC.
- Whether the conditions prescribed under Section 438(2) of the CrPC are satisfied in the present case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- clean antecedent
- provisional bail
- liquor seizure
- truck owner
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9413 of 2026
Arising Out of PS. Case No.-186 Year-2024 Thana- Marnga District- Purnia
======================================================
Bisu Bauri @ Bishu Bauri Son of Chandra Bauri Resident of Phargoura, P.S.-
Salahpur, Paschm Burdwan, District - Bardhaman (West Bengal)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Fazle Karim
For the Opposite Party/s : Mr.Rana Randhir Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 16-03-2026 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 1035 litres of liquor from a truck.
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 truck.
It is next submitted that no prudent person would use his own
vehicle for committing a crime and thus, would create evidence
Patna High Court CR. MISC. No.9413 of 2026(3) dt.16-03-2026
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against himself and hence, would get implicated and at the same
time, shall bring disrepute to his business. It is further submitted
that petitioner was completely unaware that Pawan Kumar
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
Maranga P. S. Case No.186 of 2024, 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
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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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