Channu RautversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12020 of 2026
                     Arising Out of PS. Case No.-174 Year-2025 Thana- JANTA BAZAR District- Saran
                 ======================================================
                 Channu Raut S/O Jayshree Raut R/O Vill.- Khurd Laurwa, P.s.- Janta Bazar,
                 Dist.- Saran, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Harsh Anuj, Advocate
                 For the Opposite Party/s :       Mr. Md. Anzarul Haque Sahara, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   26-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 61 litres of liquor from four different places out of

                   which 5 litres of liquor is alleged to have been recovered from a

                   bush in front of the house of the petitioner. It is next submitted

                   that petitioner was not arrested from the spot, as such, nothing

                   was recovered from his conscious possession and even alleged

                   recovery is from a place which does not belong to the petitioner

                   but then is adjacent to his house and the petitioner came to be
Patna High Court CR. MISC. No.12020 of 2026(2) dt.26-02-2026
                                            2/3




          implicated at the instance of Chowkidar but then it is submitted

          that if Chowkidar was aware of the involvement of the

          petitioner in the occurrence then why he did not inform the

          police prior to institution of the instant FIR, which casts an

          aspersion on the case of the prosecution.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. 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-bond in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of learned Exclusive Special

          Excise Court No.03, Saran at Chapra in connection with Janta

          Bazar P.S. Case No.174 of 2025, subject to the conditions laid

          down under Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bond 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.12020 of 2026(2) dt.26-02-2026
                                                           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)

Sanjay/-

U          T