Mohit YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2445 of 2026
                    Arising Out of PS. Case No.-73 Year-2025 Thana- Bhopatpur District- East Champaran
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           1.     Mohit Yadav S/O Manager Yadav R/O Village- Chaubey Tola, P.S-
                  Bhopatpur, Distt.- East Champaran.
           2.     Pappu Yadav @ Pappu Kumar S/O Lakhindra Yadav R/O Village- Chaubey
                  Tola, P.S- Bhopatpur, Distt.- East Champaran.
                                                                       ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :        Mr. Nityanand, A.P.P.
                 ======================================================
                 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), 32

                   and 41(i) of the Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioners submits that

                   petitioner no. 1 has antecedent of four cases out of which one

                   case is under the Excise Act and petitioner no. 2 has antecedent

                   of three cases out of which one case under the Excise Act and

                   allegation is of recovery of 210 litres of liquor from two

                   motorcycles from the bank of Samvati River.

                                4. Learned counsel for the petitioners submits that

                   petitioners were not arrested from the spot, as such, nothing was
Patna High Court CR. MISC. No.2445 of 2026(2) dt.27-01-2026
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          recovered from their conscious possession. It is next submitted

          that petitioners are not of the owner of any of the seized vehicles

          and came to be implicated at the instance of the Chawkidar with

          whom petitioners are on an inimical term. It is also submitted

          that if the Chawkidar was aware of the involvement of 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. It is lastly submitted that once an

          accused is implicated in a case relating to excise the police start

          implicating mechanically either at the instance of the

          Chawkidar, local person, confessional statement or secret

          information without holding a proper investigation of the case.

                       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, let 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.20,000/- (Rupees Twenty 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
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                     with Bhopatpur P.S. Case No. 73 of 2025, subject to the

                     conditions as laid down under Section 438(2) of the

                     Cr.P.C./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

                     if it is found that petitioner no. 1 has antecedent of more than

                     four cases and petitioner no. 2 has antecedent of more than three

                     cases, it would be presumed that petitioners had concealed their

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

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

                     petitioner no. 1 has antecedent of only four cases and petitioner

                     no. 2 has antecedent of only three cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.

                                  8. At this stage, learned counsel for the petitioners

                     based on instruction submits that petitioners undertake to

                     deposit an amount of Rs.2,500/- with the Advocate Association

                     of the Patna High Court.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T