Sanjay Kumar @ Sanjay Sah @ PaltaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29870 of 2026
                   Arising Out of PS. Case No.-304 Year-2025 Thana- MUSAHARI District- Muzaffarpur
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                 Sanjay Kumar @ Sanjay Sah @ Palta Son of Baidyanath Sah Resident of
                 Village - Nayagaon, P.S.- Musahari, District - Muzaffarpur
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ravi Ranjan, Advocate
                 For the Opposite Party/s :      Mr. Ahmad Ali, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-05-2026                  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 has antecedent of twelve cases out of which ten cases

                   are under the Excise Act and allegation is of recovery of 432

                   litres of liquor concealed under the husk on the vacant land of

                   Santosh.

                                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

                   and he has no concern or relation with Santosh. It is further
Patna High Court CR. MISC. No.29870 of 2026(2) dt.05-05-2026
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          submitted that petitioner 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 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. It is also 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.

          It is lastly submitted that petitioner in similar manner earlier

          also 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 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.60,000/-

          (Rupees Sixty 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 Musahari P.S.
           Patna High Court CR. MISC. No.29870 of 2026(2) dt.05-05-2026
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                     Case No. 304 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

                     twelve cases, 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 has antecedent of only twelve

                     cases in that event the provisional anticipatory bail order shall

                     be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T