Bharat Kumar @ Bharat ChauhanversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12286 of 2026
                   Arising Out of PS. Case No.-68 Year-2025 Thana- NTPC KHAIRA District- Aurangabad
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                 Bharat Kumar @ Bharat Chauhan Son of Kaltar Chauhan R/O Village -
                 Futharwa Tendua, P.S.- Nabinagar, District - Aurangabad

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Ms. Mukul Kumari
                 For the Opposite Party/s :       Mr. Rana Randhir Singh
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                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   09-03-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

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

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 140 litres of liquor from Sone

                   Diyara area. 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 and is accessible to villagers at

                   large and he came to be implicated based on the secret

                   information which is the easiest way to implicate someone
Patna High Court CR. MISC. No.12286 of 2026(2) dt.09-03-2026
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          without holding a proper investigation. It is also submitted that

          once an accused is implicated in a case relating to excise, the

          police starts implicating mechanically either through chowkidar,

          local person, confessional statement or secret information

          without holding a proper investigation.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.10,000/- (Rupees ten 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 NTPC Khaira P.S. Case No.68/2025, subject to

          the conditions as laid down under Section 482(2) of the

          B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than

          two cases, in that event, it would be presumed that petitioner

          had concealed his antecedent before this court, as such, the
             Patna High Court CR. MISC. No.12286 of 2026(2) dt.09-03-2026
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                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of two

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T