Sikandar SahversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3398 of 2026
                   Arising Out of PS. Case No.-179 Year-2025 Thana- SIRISIYA District- West Champaran
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           1.     Sikandar Sah S/O Late Chokat Sah R/O Village- Garobhua Lala Tola, P.S-
                  Sirsiya, Distt.- West Champaran.
           2.     Antima Devi W/O Sikandar Sah R/O Village- Garobhua Lala Tola, P.S-
                  Sirsiya, Distt.- West Champaran.
                                                                       ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr.Raki Alam
                 For the Opposite Party/s :        Mr.Shyam Bihari Singh
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                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   28-01-2026                  1. Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners seek bail in anticipation of their

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioners submits that

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

                   Act and petitioner no.2 is a person with clean antecedent and is

                   a woman and the allegation is of recovery of 35 litres of liquor

                   along with 100 litres of mahua pass from a hut behind the house

                   of the petitioner.

                                4. The learned counsel for the petitioners submits that

                   petitioners were not arrested from the spot, as such, nothing was
Patna High Court CR. MISC. No.3398 of 2026(2) dt.28-01-2026
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          recovered from their conscious possession and even alleged

          recovery is from a place, which does not belong to the

          petitioners, but then is adjacent to their house and they came to

          be implicated at the instance of Chaukidar with whom petitioner

          no.1 is on an inimical term. It is next submitted that police in

          majority of cases implicating innocent persons either at the

          behest of Chaukidar, local person, secret information and

          confessional statement in a mechanical manner without holding

          a proper investigation.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners, above-named, in the

          event of their arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on their furnishing bail-bonds in

          the sum 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 with ABP No.2713 of 2025 arising out of Sirsiya P.

          S. Case No.179 of 2025, subject to the conditions laid down

          under Section 438(2) of the Cr.P.C.
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                                      7. The application stands allowed.

                                      8. It is made clear that the learned trial Court after

                         accepting the provisional bail bonds of the petitioners shall

                         verify the criminal antecedent of the petitioners and in the event,

                         if it is found that petitioner no.1 has antecedent of more than

                         two cases and petitioner no.2 has antecedent of even one case,

                         then it would be presumed that petitioners for the purposes of

                         obtaining anticipatory bail had concealed their antecedent

                         before this Court, in that event, the present provisional

                         anticipatory bail order shall not be confirmed, but if on

                         verification, it is found that petitioner no.1 has antecedent of

                         more than two cases and petitioner no.2 has antecedent of even

                         one case, in that event, the provisional anticipatory bail order

                         shall be confirmed forthwith.

                                      9. At this stage, the learned counsel appearing on

                         behalf of the petitioner based on instruction submits that

                         petitioner undertakes to deposit an amount of Rs.2500/- with

                         Lawyers’ Association, Patna High Court, Patna.



                                                   (Satyavrat Verma, J)
vikash/-

U          T