Shri Bhagwan RaiversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31973 of 2026
                        Arising Out of PS. Case No.-314 Year-2025 Thana- Excise P.S. District- Saran
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                 Shri Bhagwan Rai S/o- Lalji Rai R/o - Jakhua, P.S - Revilganj, District -
                 Saran

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :         Mr. Sanjay Kumar Jha, Adv.
                 For the Opposite Party/s :         Mr. Rabindra Kumar, APP
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                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-05-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State Mr. Rabindra Kumar.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 30(a) and

                   32(3) of Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 155.52 litres of liquor from an auto and 34.56 litres

                   of liquor from a Toto vehicle. It is next submitted that petitioner

                   was not arrested from the spot as such nothing was recovered

                   from his conscious possession and he came to be implicated

                   based on the fact that he is owner of the seized toto vehicle. It is

                   next submitted that no prudent person would use his own

                   vehicle for committing an occurrence and thus would create
Patna High Court CR. MISC. No.31973 of 2026(2) dt.13-05-2026
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          evidence against himself and hence would get implicated. It is

          also submitted that the petitioner was completely unaware that

          driver would misuse his vehicle in the manner as alleged who

          also fled from the spot.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, 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 Sadar Excise P.S. Case No.314/2025, subject to

          the conditions as laid down under Section 482(2) of the

          B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if
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                       on verification it is found that petitioner is a person with clean

                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T