SATISH YADAV @ SATISH KUMARversusTHE STATE OF BIHAR

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36112 of 2026
                     Arising Out of PS. Case No.-266 Year-2025 Thana- KAUWAKOL District- Nawada
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                 SATISH YADAV @ SATISH KUMAR S/O Darogi Yadav RESIDENT OF
                 VILLAGE -GUAGHOGHARA, P.S.- KAWAKOL, DISTRICT- NAWADA

                                                                                ... ... Petitioner/s
                                                      Versus
                 THE STATE OF BIHAR

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sheo Nandan Prasad, Advocate
                                                 Mr. Rajnish Kumar, Advocate
                                                 Ms. Sweta, Advocate
                 For the Opposite Party/s :      Mr. Rana Randhir Singh, APP
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                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-06-2026                   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 offences punishable under Sections 317(4) and

                   111(4) of the BNS, 2023 read with Section 30(a) of the Bihar

                   Excise Act.

                                 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 750 liters

                   of liquor from ten motorcycles.

                                 4. Learned   counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and is not the
Patna High Court CR. MISC. No.36112 of 2026(2) dt.29-06-2026
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          owner of any of the seized vehicles and he came to be

          implicated based on secret information which is the easiest way

          to implicate someone. It is also submitted that once an accused

          is implicated in a case relating to excise, the police starts

          implicating mechanically either at the instance of Chowkidar,

          local person, confessional statement or secret information

          without holding a proper investigation.

                       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 before the learned Trial Court

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

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          15000/- (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

          Kauwakol P.S. Case No. 266 of 2025 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 more than

          three cases then it would be presumed that petitioner, for the
            Patna High Court CR. MISC. No.36112 of 2026(2) dt.29-06-2026
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                      purposes of seeking anticipatory bail, had concealed his antecedent

                      before this Court, as such, the provisional anticipatory bail order

                      shall not be confirmed, but after verification if it is found that

                      petitioner has antecedent of three cases only, in that event the

                      provisional anticipatory bail order shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T