Raushan Patel @ Roshan KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23362 of 2026
                       Arising Out of PS. Case No.-159 Year-2025 Thana- Patarghat District- Saharsa
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                 Raushan Patel @ Roshan Kumar son of Virendra Patel @ Birendra Patel
                 Resident of village- Bharna Tola PS - Patarghat District -Saharsa
                                                                                ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Rashmi Jha, Advocate
                 For the Opposite Party/s :        Mr. Parmanand Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   09-04-2026                  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 Sections 317(4) and

                   3(5) of the BNS, 2023 as well as Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of

                   recovery of 17.25 litres of liquor from two motorcycles.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is not the owner of any of the seized vehicles and

                   came to be implicated at the instance of the Chawkidar with

                   whom he is on an inimical term. It is next submitted that if the
Patna High Court CR. MISC. No.23362 of 2026(2) dt.09-04-2026




          Chawkidar was aware of the involvement of the petitioner in the

          occurrence then why he did not inform the police prior to the

          institution of the instant FIR which casts an aspersion on the

          case of the prosecution.

                       5. 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 appearing on behalf of 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.5,000/- (Rupees

          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 Patarghat P.S. Case

          No. 159 of 2025, 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 one

          case, 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
           Patna High Court CR. MISC. No.23362 of 2026(2) dt.09-04-2026




                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only one case in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T