Rana Kumar @ Ran KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19434 of 2026
                   Arising Out of PS. Case No.-92 Year-2026 Thana- NAUTAN District- West Champaran
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           1.     Rana Kumar @ Ran Kumar S/o Nagina Patel @ Nagina Prasad R/o Village -
                  Dhumnagar Badoriya Tola Ward No.05, P.S - Nautan, District - West
                  Champaran
           2.    Mintu Kumar @ Biltu Patel S/o Nagina Patel R/o Village - Dhumnagar
                 Badoriya Tola Ward No.05, P.S - Nautan, District - West Champaran
           3.    Nagina Prasad @ Nagina Patel S/o Late Radha Patel R/o Village -
                 Dhumnagar Badoriya Tola Ward No.05, P.S - Nautan, District - West
                 Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sarvesh Kashyap
                 For the Opposite Party/s :      Mr. Kumar Ranjit Ranjan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   26-03-2026                  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.

                                3. Learned counsel             for the petitioners seeks

                   permission to withdraw the anticipatory bail application with

                   respect to petitioner no.1, who was arrested during pendency of

                   the same.

                                4. Permission is accorded.

                                4. It is next submitted that petitioner no.2 and 3 are
Patna High Court CR. MISC. No.19434 of 2026(2) dt.26-03-2026
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          persons with clean antecedent and allegation is of recovery of

          18 litres of liquor from 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

          the house in question is a joint family property as such it cannot

          be alleged with certainty that it was petitioner, who had kept the

          liquor in the house or the liquor kept in the house was within his

          knowledge and after amendment in the Excise Act in the year

          2018, the concept of deemed possession and presumed offender

          has been done away with and they came to be implicated at the

          instance of chowkidar with whom they are on an inimical term.

          It is also submitted that if chowkidar was aware of the

          involvement of the petitioner 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, when

          petitioners admittedly are persons with clean antecedent.

                       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 petitioner no.2 and 3, above-

          named, in the event of their arrest or surrender within a period

          of six weeks from today, be released on provisional anticipatory
             Patna High Court CR. MISC. No.19434 of 2026(2) dt.26-03-2026
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                       bail on furnishing bail bonds of Rs.500/- (Rupees five hundred)

                       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 Nautan P.S. Case No.92/2026, subject

                       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.2 and 3 have

                       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 but if after verification it is found that petitioner

                       no.2 and 3 are persons with clean antecedent, in that event the

                       provisional anticipatory bail order shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T