Sourav KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2450 of 2026
                      Arising Out of PS. Case No.-168 Year-2025 Thana- AMARPUR District- Banka
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                 Sourav Kumar S/O Sanjay Yadav R/O Village- Baja, P.S- Amarpur, Distt.-
                 Banka (Bihar).
                                                                        ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :      Mr. Abhay Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Mohammad Sufyan, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   27-01-2026                  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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 230 litres of liquor from four sacks.

                                4. Learned counsel for the petitioner submits that

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

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner.

                   It is further submitted that petitioner came to be implicated

                   based on the confessional statement of Suraj Kumar in police

                   custody which does not have any evidentiary value in the eye of
Patna High Court CR. MISC. No.2450 of 2026(2) dt.27-01-2026
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          law.

                       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 for the petitioner, let 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 anticipatory bail on furnishing bail bonds of

          Rs.500/- (Rupees Five Hundred) 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 Amarpur

          P.S. Case No. 168 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 petitioner and if

          it is found that petitioner has antecedent of even 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 shall not be

          confirmed but if it is found on verification that petitioner is a

          person with clean antecedent in that event the provisional

          anticipatory bail order shall be confirmed forthwith.
           Patna High Court CR. MISC. No.2450 of 2026(2) dt.27-01-2026
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                                  8. At this stage, learned counsel for the petitioner

                     based on instruction submits that petitioner undertakes to

                     deposit an amount of Rs.1,500/- with the Advocate Association

                     of the Patna High Court.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T