Ashutosh Kumar Singh @ Ashutosh SinghversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14572 of 2026
                    Arising Out of PS. Case No.-929 Year-2025 Thana- Excise P.S. District- Muzaffarpur
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                 Ashutosh Kumar Singh @ Ashutosh Singh S/o- Rajdev Prasad Singh R/v-
                 W.No-5, Baruari @ Jagdishpur Baruari PS - Benibad (Gaighat) Dist-
                 Muzaffarpur
                                                                       ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr. Raju Kumar, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar Tiwary, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-03-2026                  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 offences punishable under Sections 30(a) and

                   32(3) of the Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 25.920 litres of liquor from two different

                   motorcycles.

                                4. Learned counsel for the petitioner submits that

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

                   recovered from his conscious possession. It is further submitted

                   that petitioner came to be implicated based on the fact that he is

                   owner of one of the seized vehicles. It is next submitted that no
Patna High Court CR. MISC. No.14572 of 2026(2) dt.13-03-2026
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          prudent person would use his own vehicle for committing an

          occurrence and thus would create evidence against himself and

          hence would get implicated. It is also submitted that petitioner

          was completely unaware that his friend would misuse the

          vehicle in the manner as alleged who also fled from the spot.

                       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.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 Excise P.S. Case No. 929 of 2025, subject to

          the conditions as laid down under Section 438(2) of the

          Cr.P.C./482(2) of the B.N.S.S.

                       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 even one case, it

          would be presumed that petitioner had concealed his antecedent

          before this Court at para 3 of the anticipatory bail application in
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                     that event the provisional anticipatory bail order shall not be

                     confirmed but if it is found on verification that petitioner is a

                     person with clean antecedent in that event the provisional

                     anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T