SUBHASH KUMAR DAS @ SUBHASH DASversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29897 of 2026
                    Arising Out of PS. Case No.-27 Year-2026 Thana- KALYANPUR District- Samastipur
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                 Subhash Kumar Das @ Subhash Das S/O Late Mahesh Das R/O Village-
                 Kharsand Tola Surhi, Po And Ps- Kalyanpur, District- Samastipur, State-
                 Bihar
                                                                         ... ... Petitioner/S
                                                Versus
                 The State Of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Brajesh Sahay
                                                  Mr.Abhigyan Kumar
                                                  Mr.Vivek Kumar
                 For the Opposite Party/s :       Mr.Rabindra Kumar- A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   06-05-2026                   1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                 2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                 3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of two cases and allegation is of

                   recovery of 10 litres of liquor from a place near banana tree in

                   front of the house of the petitioner.

                                 4. The 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 alleged

                   recovery is from a place, which does not belong to the petitioner
Patna High Court CR. MISC. No.29897 of 2026(2) dt.06-05-2026
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          but then, hence he came to be implicated at the instance of local

          person, but the name of the person, who disclosed the name of

          the petitioner is not disclosed in the F.I.R., which casts an

          aspersion on the case of the prosecution, but then it is submitted

          that off late police has started implicating accused with criminal

          antecedent in cases relating to liquor for obvious reason without

          holding a proper investigation.

                       5. Learned A.P.P. Sri Rabindra Kumar opposes the

          anticipatory bail application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.10,000/- (Rupees Ten 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 Kalyanpur P. S. Case No.27 of 2026, subject to the

          conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify
               Patna High Court CR. MISC. No.29897 of 2026(2) dt.06-05-2026
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                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedent of more than two cases,

                         then it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of two cases only, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T