Mukesh KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30396 of 2026
                    Arising Out of PS. Case No.-208 Year-2025 Thana- INDUSTRIAL District- Bhagalpur
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                 Mukesh Kumar Son of Late Pappu Mandal Resident of Muhalla- Rani Talab,
                 Fatehpur, P.S.- Industrial, District- Bhagalpur, under the guardianship of his
                 mother Champra Devi Wife of Late Pappu Mandal
                                                                                ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Diwakar Upadhyaya, Advocate
                 For the Opposite Party/s :       Mr. Arun Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   22-06-2026                  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 one case under the Excise Act and

                   allegation is of recovery of 62 litres of liquor from a place

                   outside the house of the petitioner.

                                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

                   but then is adjacent to his house. It is further submitted that
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          petitioner came to be implicated at the instance of the local

          villager but then the name of the villager who disclosed the

          name of the petitioner is not disclosed in the FIR which casts an

          aspersion on the case of the prosecution. It is next submitted that

          if the villager 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.

                       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.5,000/- (Rupees

          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 Bhagalpur

          Industrial P.S. Case No. 208 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
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                     Trial Court shall verify the criminal antecedent of the petitioner

                     and if it is found that petitioner has antecedent of more than 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 has antecedent of only one case in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T