Upendra Kumar @ Upendra YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29369 of 2026
                        Arising Out of PS. Case No.-61 Year-2026 Thana- FATEHPUR District- Gaya
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                 Upendra Kumar @ Upendra Yadav S/O Lalu Yadav @ Lallu Yadav R/o-
                 Village-Bagai, P.S.- Fatehpur, District-Gaya.

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Onkar Nath
                 For the Opposite Party/s :       Ms. Shaheen Begum
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                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   02-07-2026                  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

                   petitioner has antecedent of seven cases under the Excise Act

                   and allegation is of recovery of 400 liters of liquor from two

                   different motorcycles.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and is not the

                   owner of any of the seized vehicle and came to be implicated

                   based on confessional statement of Punam in police custody
Patna High Court CR. MISC. No.29369 of 2026(3) dt.02-07-2026
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          which does not have any evidentiary value. It is also 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.

                       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.

          35000/- (Rupees Thirty 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

          Fatehpur P.S. Case No. 61 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 event if it is found that petitioner has antecedent of more

          than seven cases then it would be presumed that petitioner, for

          the purposes of seeking anticipatory bail, had concealed his
            Patna High Court CR. MISC. No.29369 of 2026(3) dt.02-07-2026
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                      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 seven

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T