Rajesh NutversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1257 of 2026
                     Arising Out of PS. Case No.-116 Year-2025 Thana- JANTA BAZAR District- Saran
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                 Rajesh Nut S/O Yogendra Nut R/O Tajpur, P.S- Janta Bazar, Dist.- Saran.

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Mirtunjay Kumar Tiwary, Advocate
                 For the Opposite Party/s :       Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   23-02-2026                  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.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedents of two cases and allegation is of

                   recovery of 6 litres of liquor from the house of Ramavati Devi

                   and 20 litres of liquor from a bush. 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 petitioner has no concern or relation with Ramavati Devi

                   and he came to be implicated at the instance of Chowkidar with
Patna High Court CR. MISC. No.1257 of 2026(3) dt.23-02-2026
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          whom he is on an inimical term. It is also 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 prosectuion.

                       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.10,000/- (Rupees Ten Thousand) with two sureties of

          the like amount each to the satisfaction of learned Special

          Judge, Excise-III, Saran at Chapra in connection with Janta

          Bajar P.S. Case No.116 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 antecedents of more than two cases,
               Patna High Court CR. MISC. No.1257 of 2026(3) dt.23-02-2026
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                         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 antecedents of only two cases, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T