Rakesh Kumar KushwahaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2242 of 2026
                      Arising Out of PS. Case No.-440 Year-2025 Thana- TURKAULIYA District- East
                                                       Champaran
                 ======================================================
           1.     Rakesh Kumar Kushwaha S/o Dharameo Bhgagat R/o Village- Semara
                  Bhola Tola, P.S- Turkauliya, Dist- East Champaran, Motihari.
           2.    Sujet Paswan @ Sujeet Kumar S/o Sadhu Paswan R/o Village- Semara
                 Haudi Tola, P.S- Turkauliya, Dist- East Champaran, Motihari.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Akbar Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   27-01-2026                  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 offences punishable under Sections 30(a) and

                   41(1) of the Bihar Excise Act.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and allegation is of

                   recovery of 37 liters of liquor from a motorcycle.

                                4. Learned counsel for the petitioners submits that

                   petitioners were not apprehended from the spot as such nothing

                   was recovered from their conscious possession and petitioner

                   no. 1 came to be implicated based on the fact that he is owner of
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          the seized vehicle. It is next submitted that no 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 further submitted that petitioner no. 1 was

          completely unaware that his friend would misuse the vehicle in

          the manner as alleged and they came to be implicated at the

          instance of Chowkidar since petitioner no. 2 is on an inimical

          term with the Chowkidar.

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

          anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their arrest or surrender before the learned Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory 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

          Turkauliya P.S. Case No. 440 of 2025 subject to the conditions

          as laid down under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioners and in the

          event if it is found that any of the petitioners have antecedent of
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                      even one case then it would be presumed that petitioners, for the

                      purposes of seeking anticipatory bail, had concealed their

                      antecedent before this Court, as such, the provisional anticipatory

                      bail order shall not be confirmed, but after verification if it is

                      found that petitioners are persons with clean antecedent in that

                      event the provisional anticipatory bail order shall be confirmed

                      forthwith.

                                   8. At this stage, the learned counsel for the petitioners,

                      based on instruction, undertakes to deposit an amount of Rs.

                      2,000/- with Advocates’ Association, Patna High Court.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T