Santosh Kumar @ Santosh ChaudharyversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10067 of 2026
                  Arising Out of PS. Case No.-1685 Year-2025 Thana- Excise P.S. District- East Champaran
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                 Santosh Kumar @ Santosh Chaudhary S/O Kuis Chaudhary @ Kishun
                 Chaudhary R/O Vill.- Masaudha Bazar, P.s.- Kundwa Chainpur, District- East
                 Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Manoj Kumar
                 For the Opposite Party/s :        Mr.Khurshid Anwar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-02-2026                  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 eight cases under the Excise Act

                   and allegation is of recovery of 45 litres of liquor from 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 is not the owner of

                   the seized motorcycle, but still came to be implicated. It is next
Patna High Court CR. MISC. No.10067 of 2026(2) dt.23-02-2026
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          submitted that police in majority of cases implicating innocent

          persons either at the behest of Chaukidar, local person, secret

          information and confessional statement in a mechanical manner

          without holding a proper investigation. It is also submitted that

          earlier also the petitioner in similar manner came to be

          implicated.

                       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.40,000/- (Rupees Forty 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 Excise P. S. Case No.1685 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
               Patna High Court CR. MISC. No.10067 of 2026(2) dt.23-02-2026
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                         found that petitioner has antecedent of more than eight cases,

                         then 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 eight cases only, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T