Laddu Nut @ Laddu Nat @ Ladu NatversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15055 of 2026
                        Arising Out of PS. Case No.-7 Year-2026 Thana- DIGHWARA District- Saran
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                 Laddu Nut @ Laddu Nat @ Ladu Nat Son of Late Kira Nut Resident of
                 Village- Basti Jalal PS -Dighwara Distt -Saran at Chapra
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anil Kumar Tiwary, Advocate
                 For the Opposite Party/s :       Mr. Chandra Bhushan Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   25-03-2026                  1. Heard learned counsel for the petitioner and Mr.

                   Chandra Bhushan Prasad, 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 Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 7 litres of liquor along with 200

                   litres of Mahua Pass which was destroyed from a hut near the

                   house of the petitioner.

                                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 hut which does not belong to the petitioner

                   but then is adjacent to his house. It is further submitted that
Patna High Court CR. MISC. No.15055 of 2026(2) dt.25-03-2026
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          petitioner came to be implicated at the instance of the

          Chawkidar with whom he is on an inimical term. It is next

          submitted that once an accused is implicated in a case relating to

          excise the police start implicating mechanically either at the

          instance of the Chawkidar, local person, confessional statement

          or secret information without holding a proper investigation of

          the case.

                       5. Mr. Chandra Bhushan Prasad, 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.10,000/- (Rupees Ten 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 Dighwara P.S. Case No. 07 of 2026,

          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. However, 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 two
           Patna High Court CR. MISC. No.15055 of 2026(2) dt.25-03-2026
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                     cases, it would be presumed that petitioner had concealed his

                     antecedent before this Court at para 3 of the anticipatory bail

                     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 two cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T