Suresh Kumar @ Suresh YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33589 of 2026
                         Arising Out of PS. Case No.-81 Year-2026 Thana- BIHRA District- Saharsa
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                 Suresh Kumar @ Suresh Yadav S/O Gorelal Yadav R/O Vill.- Padampur, P.S-
                 Bihra, Dist- Saharsa

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr. Ashok Kumar
                 For the Opposite Party/s :        Ms. Pronoti Singh
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                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   14-05-2026                  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 Sections 30(a), 38

                   and 41 of Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of three cases, out of which, one case

                   is under the Excise Act and allegation is of recovery of 1120.480

                   litres of liquor from a rice mill.               It is next submitted that

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and the liquor was

                   recovered from a place adjacent to the rice mill but then he

                   came to be implicated because of his antecedents. It is also

                   submitted that no prudent person would use his own premises
Patna High Court CR. MISC. No.33589 of 2026(2) dt.14-05-2026
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          for committing an occurrence and thus would create evidence

          against himself and hence would get implicated. It is also

          submitted that apprehended accused also confessed the name of

          the petitioner but then the same was done under police pressure

          because of his antecedents.

                       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.15,000/- (Rupees fifteen 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 Bihra P.S. Case No.81/2026, 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 more than

          three cases, 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
             Patna High Court CR. MISC. No.33589 of 2026(2) dt.14-05-2026
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                       on verification it is found that petitioner has antecedent of three

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T