Chintu Kumar @ Santu KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12644 of 2026
                      Arising Out of PS. Case No.-8 Year-2026 Thana- TETERHAT District- Lakhisarai
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           1.     Chintu Kumar @ Santu Kumar S/o Bhola Chaudhary R/O- Navadih, P.S.-
                  Tetrahat, Dist- Lakhisarai
           2.    Khushboo Kumari W/o Chintu Kumar @ Santu Kumar R/O- Navadih, P.S.-
                 Tetrahat, Dist- Lakhisarai

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr. Shashank Shekhar
                 For the Opposite Party/s :        Mr. Pradeep Narain Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-03-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

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

                   Bihar Prohibition and Excise Act, 2018.

                                3. Learned counsel for the petitioners submits that

                   petitioner no.1 has antecedent of three cases under the Excise

                   Act and petitioner no.2 is a person with clean antecedent and is

                   a woman and allegation is of recovery of 5 litres of liquor from

                   a place near the house of the petitioners. It is next submitted

                   that petitioners were not arrested from the spot as such nothing

                   was recovered from their conscious possession and even alleged
Patna High Court CR. MISC. No.12644 of 2026(2) dt.10-03-2026
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          recovery is from a place which does not belong to the

          petitioners but then is adjacent to their house and they came to

          be implicated at the instance of chowkidar with whom petitioner

          no.1 is on an inimical term. It is also submitted that if chowkidar

          was aware of the involvement of the petitioners 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. 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 petitioners.

                       5. Considering the submissions made by the learned

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

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

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.15,000/- (Rupees fifteen thousand)

          each 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 Teterhat P.S. Case No.08/2026, subject
             Patna High Court CR. MISC. No.12644 of 2026(2) dt.10-03-2026
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                       to the conditions as laid down under Section 482(2) of the

                       B.N.S.S.

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

                       thereafter shall verify the criminal antecedents of the petitioners

                       and in the event if it is found that petitioner no.1 has antecedent

                       of more than three cases cases and petitioner no.2 has

                       antecedent of even one case, in that event, it would be presumed

                       that petitioners had concealed their antecedent before this court,

                       as such, the provisional anticipatory bail order shall not be

                       confirmed with respect to those petitioners whose criminal

                       antecedent does not tally but if after verification the criminal

                       antecedent as recorded hereinabove tallies with the petitioners in

                       that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T