Chhotu Singh @ Ashish KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34561 of 2026
                  Arising Out of PS. Case No.-264 Year-2025 Thana- EXCISE UDAKISHUNGANJ District-
                                                        Madhepura
                 ======================================================
                 Chhotu Singh @ Ashish Kumar Son of Papal Singh @ Barun Kumar Singh
                 R/o Ward No.8, P.S.- Alamnagar, District- Madhepura
                                                                            ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Saket Tiwary, Advocate
                 For the Opposite Party/s :        Mr. Umesh Lal Verma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   19-06-2026                  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 Section 45 of the

                   Bihar Prohibition and Excise Act, 2018.

                                3. The        Investigating    Officer    of     the   case,   in

                   compliance of the order dated 15.05.2026, is present in the

                   Court.

                                4. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases under the Excise Act and

                   the informant alleges that on 27.12.2025, he got a secret

                   information that petitioner and Pappal Singh are indulging in

                   illegal trade of liquor, accordingly, the excise police reached the

                   house of the petitioner and thereafter all the accused persons
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          including the petitioner along with 4-5 other accused obstructed

          the raid and tried to confine the raiding team and even abused

          and assaulted and did not allow the team to search the house,

          accordingly, Alamnagar Police Station was informed and the

          backup came.

                       5. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is further submitted that house of the petitioner

          was raided but nothing was found, as such, a false case came to

          be instituted alleging that petitioner along with other accused

          obstructed the raiding team from performing their official duty.

          It is next submitted that in the FIR itself, it is alleged that

          additional force was called from Alamnagar Police Station and

          the force reached. It is also submitted that if the additional force

          came at the place of occurrence then why the house was not

          raided which amply demonstrates that the house was raided but

          nothing was found.

                       6. The Investigating Officer of the case, who is

          present in the Court, though supports the allegation as alleged in

          the FIR but then fairly submits that no one was assaulted.

                       7. At this stage, learned counsel appearing on behalf

          of the petitioner submits that once an accused is implicated in a
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          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.

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

          anticipatory bail of the petitioner.

                       9. 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.10,000/-

          (Rupees Ten 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 Udakishunganj

          Excise P.S. Case No. 264 of 2025, subject to the conditions as

          laid down under Section 438(2) of the Cr.P.C./482(2) of the

          B.N.S.S.

                     10. 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 more than two

          cases, it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail
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                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only two cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.

                               11. The personal appearance of the Investigating Officer

                     of the case is dispensed with.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T