Bhola SahversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28442 of 2026
                      Arising Out of PS. Case No.-57 Year-2026 Thana- BELSAND District- Sitamarhi
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                 Bhola Sah Son of Late Hari Chandra Sah @ Late Harish Chandra Shah
                 Resident of village - Pachnaur, P.S. - Belsand, Dist. - Sitamarhi

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr.Santosh Kumar
                 For the Opposite Party/s :       Mr.Anuj Kumar Shrivastava
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                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-04-2026               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 four cases                  under the Excise

                   Act and allegation is of recovery of 10.335 litres of liquor from

                   a thatched hut situated in the agricultural field of the petitioner.

                             4.    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 he came to be

                   implicated based on secret information which is the easiest way

                   to implicate someone without holding a proper investigation. It
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          is next submitted that no prudent person would use his own land

          for committing an occurrence and thus would create evidence

          against himself and hence would get implicated. 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. It is

          also submitted that petitioner earlier also in similar manner

          came to be implicated in cases relating to Excise.

                   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, 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. 20,000/- (Rupees

          Twenty 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 Belsand P.S. Case No.

          57 of 2026, 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 petitioner and in the
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                        event if it is found that petitioner has antecedent of more than four

                        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 four cases in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T