Pawan SinghversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33652 of 2026
                       Arising Out of PS. Case No.-18 Year-2026 Thana- TELMAR District- Nalanda
                 ======================================================
           1.     Pawan Singh Son of Shyam Sunder Singh Resident of village- Sihodih, P.S.
                  Giridih, District- Giridih
           2.     RAJA SHARMA Son of Madhusudan Sharma R/O village- Sirsiya, P.S.
                  Giridih, P.S.- Giridih
                                                                 ... ... Petitioner/s
                                           Versus
                 The State of Bihar
                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anil Chandra, Advocate
                 For the Opposite Party/s :       Ms. Asha Kumari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   14-05-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 318(4),

                   338, 336(3) and 340(2) of the BNS as well as Sections 30(a), 41

                   and 47 of the Bihar Prohibition and Excise (Amendment) Act,

                   2022.

                                3. Learned counsel for the petitioners submits that

                   petitioner no. 1 has antecedent of two cases under the Excise

                   Act and petitioner no. 2 has antecedent of two cases out of

                   which one case is under the Excise Act and allegation is of

                   recovery of 1799 litres of liquor from a Truck along with

                   Rs.2,200/-.
Patna High Court CR. MISC. No.33652 of 2026(2) dt.14-05-2026
                                            2/3




                       4. Learned counsel for the petitioners submits that

          petitioners were not arrested from the spot, as such, nothing was

          recovered from their conscious possession. It is further

          submitted that petitioners are not the owner of the seized vehicle

          and came to be implicated based on the confessional statement

          of Dilip Kumar Paswan and Vikash Singh in police custody

          which does not have any evidentiary value in the eye of law. It

          is next submitted that once an accused is implicated in a case

          relating to excise the police start implicating mechanically either

          at the instance of the Chawkidar, local person, confessional

          statement or secret information without holding a proper

          investigation of the case.

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

          anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned

          counsel appearing on behalf of the petitioners, let the

          petitioners, above-named, in the event of their arrest or

          surrender within a period of six weeks from today, be released

          on provisional anticipatory bail on furnishing bail bonds of

          Rs.10,000/- (Rupees Ten Thousand) each 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
           Patna High Court CR. MISC. No.33652 of 2026(2) dt.14-05-2026
                                                       3/3




                     with Nalanda (Telmar) P.S. Case No. 18 of 2026, 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 petitioners

                     and if it is found that petitioners have antecedent of more than

                     two cases, it would be presumed that petitioners had concealed

                     their 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

                     petitioners have antecedent of only two cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T