Pradeep Yadav @ Pradeep KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22084 of 2026
                        Arising Out of PS. Case No.-10 Year-2026 Thana- RAHUI District- Nalanda
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                 Pradeep Yadav @ Pradeep Kumar S/O Late Kailash Yadav R/O Village-
                 Chhatapur, Kaithauli, P.S- Bhagan Bigha, (Rahui) District- Nalanda

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr.Anirudh Kumar Sinha
                 For the Opposite Party/s :       Ms.Meena Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-04-2026               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 Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of 5 cases out of which 4 cases are

                   under the Excise Act as would manifest from the supplementary

                   affidavit.

                             4.    The office is directed to trace the supplementary

                   affidavit and place the same on record.

                             5.    Learned counsel for the petitioner next submits that

                   allegation is of recovery of 89.25 litres of liquor from a boring

                   room of the petitioner.
Patna High Court CR. MISC. No.22084 of 2026(2) dt.07-04-2026
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                   6.     Learned counsel for the petitioner submits that the

          petitioner was not arrested from the spot as such nothing was

          recovered from his conscious possession and the boring room is

          a place outside the house and is accessible to public at large. It

          is next submitted that no prudent person would use his own

          premises for committing an occurrence and thus would create

          evidence against himself and hence would get implicated. It is

          further submitted that he came to be implicated at the instance

          of Chowkidar with whom he is on an inimical term. It is next

          submitted that if Chowkidar was aware about 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. It is further submitted

          that once an accused is implicated in a case relating to excise,

          the police starts implicating mechanically either at the instance

          of Chowkidar, local person, confessional statement or secret

          information without holding a proper investigation.

                   7.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   8.     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
              Patna High Court CR. MISC. No.22084 of 2026(2) dt.07-04-2026
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                        anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees

                        Twenty-five 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 Rahui (Bhagan Bigha)

                        P.S. Case No. 10 of 2026, subject to the conditions as laid down

                        under Section 482(2) of the BNSS.

                                 9.     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 more than five

                        cases 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 has

                        antecedent of five cases, in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T