Mahesh Rai @ Mahesh Kumar YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12649 of 2026
                    Arising Out of PS. Case No.-259 Year-2025 Thana- GAIGHAT District- Muzaffarpur
                 ======================================================
                 Mahesh Rai @ Mahesh Kumar Yadav S/O Ram Ekbal Rai Resident of
                 Village- Berua, P.S- Gaighat, Distt.- Muzaffarpur.
                                                                           ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Madhusudan Kumar, Advocate
                 For the Opposite Party/s :       Ms. Shaheen Begum, A.P.P.
                 ======================================================
                 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 the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of three cases under the Excise Act and

                   allegation is of recovery of 171 litres of liquor from a bush.

                                4. Learned counsel for the petitioner submits that

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

                   recovered from his conscious possession and even the alleged

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

                   and he came to be implicated based on the secret information

                   which is the easiest way to implicate someone. It is further

                   submitted that once an accused is implicated in a case relating to
Patna High Court CR. MISC. No.12649 of 2026(2) dt.09-03-2026
                                            2/3




          excise the police start implicating mechanically either at the

          instance of the Chawkidar, local person, secret information or

          confessional statement without holding a proper investigation of

          the case. It is next submitted that in similar manner the

          petitioner came to be implicated earlier also.

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

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, let 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.15,000/- (Rupees Fifteen 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 Gaighat P.S. Case No. 259 of 2025

          (G.R. No. 424 of 2025), subject to the conditions as laid down

          under Section 438(2) of the Cr.P.C./482(2) of the BNSS.

                       7. It is made clear that thereafter the learned trial

          court shall verify the criminal antecedent of the petitioner and if

          it is found that petitioner has antecedent of more than three

          cases, it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail
           Patna High Court CR. MISC. No.12649 of 2026(2) dt.09-03-2026
                                                       3/3




                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only three cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T