Dukhan KewatversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13476 of 2026
                    Arising Out of PS. Case No.-70 Year-2025 Thana- KARANDAY District- Sheikhpura
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                 Dukhan Kewat Son of Late Hulas Kewat Resident of Village - Siyani, P.S. -
                 Karande, District - Sheikhpura.

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

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

2   15-04-2026                  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 offences punishable under Sections 191(2),

                   191(3), 190, 109, 115(2), 126(2), 324(3), 263(b), 121(1) and 132

                   of the BNS, 2023 read with Section 45 of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 1 liter of liquor along with 10 liters semi prepared

                   liquor from possession of Shanti Devi, it is next submitted that

                   Shanti Devi was apprehended when 20-25 people gathered

                   including the petitioner along with 12-13 unknown accused and

                   created ruckus and even assaulted the police party and damaged

                   the vehicle and forcefully freed Shanti and snatched the seized
Patna High Court CR. MISC. No.13476 of 2026(2) dt.15-04-2026
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          liquor.

                       4. Learned     counsel for the petitioner submits that

          from perusal of the allegation as alleged in the FIR, it would

          manifest that petitioner in the instant case has been implicated

          with an allegation that petitioner along with others freed Shanti,

          but then it is reiterated and submitted that petitioner is a person

          with clean antecedent and being co-villager came at the place of

          occurrence out of inquisitiveness to witness the occurrence,

          when he came to be implicated with general and omnibus

          allegation.

                       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, the petitioner above-named, in the

          event of his arrest or surrender before the learned Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          500/- (Rupees Five Hundred) 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 Karande

          P.S. Case No. 70 of 2025 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.
            Patna High Court CR. MISC. No.13476 of 2026(2) dt.15-04-2026
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                                   7. It is made clear that thereafter the learned Trial Court

                      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 would be presumed that petitioner, for the purposes of

                      seeking anticipatory bail, had concealed his antecedent before this

                      Court, as such, the provisional anticipatory bail order shall not be

                      confirmed, but after verification if 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)
Rishabh/-

U      T