Rupesh Kumar @ RupeshversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3573 of 2026
                        Arising Out of PS. Case No.-416 Year-2022 Thana- RIGA District- Sitamarhi
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                 Rupesh Kumar @ Rupesh S/o Saroj Mandal @ Manoj Kumar @ Manoj
                 Mandal Resident of Village- Rewasi, P.S.- Riga, District- Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Birendra Kumar
                 For the Opposite Party/s :        Mr.Ajay Kumar No. 2
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                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   26-02-2026               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 offences punishable under Sections 414 of IPC

                   and Section 30(a) of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 745.500 litres of liquor from two different cars and

                   four motorcycles.

                             4.    Learned counsel for the petitioner submits that the

                   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 one of the

                   seized motorcycles, which is registered in the name of his wife.
Patna High Court CR. MISC. No.3573 of 2026(2) dt.26-02-2026
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          It is next submitted that no husband would use the vehicle

          registered in the name of his wife for committing an occurrence

          and thus would create evidence against her and hence would get

          her implicated, it is further submitted that petitioner was

          completely unaware that Shivam would misuse the vehicle in

          the manner as alleged, who was also apprehended from the spot

          along with Jaishankar and Dilip.

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

          anticipatory bail of the petitioner.

                   6.     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 Riga P.S. Case No. 416 of 2022, subject to the

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

                   7.     It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the

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

          then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this
              Patna High Court CR. MISC. No.3573 of 2026(2) dt.26-02-2026
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                        Court, as such, the provisional anticipatory bail order shall not be

                        confirmed, but after verification if 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)
Sumit/-

U         T