Md. SonuversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31915 of 2026
                       Arising Out of PS. Case No.-573 Year-2022 Thana- ALAMGANJ District- Patna
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                 Md. Sonu S/o Md. Kalim R/o Mohalla - Alamganj, Machhua Toli, Police
                 Station- Alamganj, District- Patna
                                                                       ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Raj Krishna Jha, Advocate
                 For the Opposite Party/s :       Ms. Sucheta Yadav, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-05-2026                  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 offences punishable under Sections 30(a) and

                   36 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 100 litres of liquor from a place near the bank of a

                   river.

                                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 accessible to villagers at large and he came to be

                   implicated at the instance of the local person but then the name
Patna High Court CR. MISC. No.31915 of 2026(2) dt.12-05-2026
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          of the person who disclosed the name of the petitioner is not

          disclosed in the FIR which casts an aspersion on the case of the

          prosecution, when petitioner has not been implicated based on

          the secret information and is a person with clean antecedent.

                       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.500/- (Rupees

          Five Hundred) 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 Alamganj P.S. Case

          No. 573 of 2022, 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 even 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
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                     shall not be confirmed but if it is found on verification that

                     petitioner is a person with clean antecedent in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T