Bintesh Kumar @ Bintesh PaswanversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20168 of 2026
                 Arising Out of PS. Case No.-19 Year-2026 Thana- DALMIYA NAGAR SAHAYAK District-
                                                          Rohtas
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           1.     Bintesh Kumar @ Bintesh Paswan Son of Dinesh Paswan Resident of
                  village - Gangauli, P.S.- Dalmiyanagar, District - Rohtas at Sasaram.
           2.    Vijay Paswan Son of Dinesh Paswan Resident of village - Gangauli, P.S.-
                 Dalmiyanagar, District - Rohtas at Sasaram.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Dharmendra Kumar Singh
                 For the Opposite Party/s :     Mr. Kanhiya Kishor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   31-03-2026                  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 submits that

                   petitioners have antecedent of one case under the Excise Act and

                   allegation is of recovery of 40 litres of liquor from a blue drum

                   kept near a canal. It is next submitted that petitioners were not

                   arrested from the spot as such nothing was recovered from their

                   conscious possession and even alleged recovery is from a place

                   which does not belong to the petitioners and is accessible to
Patna High Court CR. MISC. No.20168 of 2026(2) dt.31-03-2026
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          villagers at large and they came to be implicated based on secret

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

          also submitted that once an accused is implicated in a case

          relating to excise, the police starts implicating mechanically

          either through chowkidar, local person, confessional statement

          or secret information without holding a proper investigation.

                       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 petitioners above-named, in the

          event of their arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.5000/- (Rupees five thousand) 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 Dalmiyanagar P.S. Case No.19/2026, 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 petitioners have antecedent of

          more than one case, in that event, it would be presumed that
             Patna High Court CR. MISC. No.20168 of 2026(2) dt.31-03-2026
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                       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

                       petitioners have antecedent of one case, in that event the

                       provisional anticipatory bail order shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T