Pradeep PaswanversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3720 of 2026
                       Arising Out of PS. Case No.-196 Year-2025 Thana- MALI District- Aurangabad
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                 Pradeep Paswan Son of Tuna Paswan R/o Village - Bariyawan Tola Dhanhar
                 Bigha, P.S. - Mali, District - Aurangabad.
                                                                          ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr. Rakesh Singh, Advocate
                 For the Opposite Party/s :        Mr. Parmanand Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   23-02-2026                  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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner seeks permission

                   to remove the defects, as pointed out by the office, in course of

                   the day.

                                4. Permission is accorded.

                                5. Learned counsel for the petitioner submits that

                   petitioner has antecedent of seven cases under the Excise Act

                   and allegation is of recovery of 240 litres of liquor from a

                   graveyard.

                                6. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was
Patna High Court CR. MISC. No.3720 of 2026(3) dt.23-02-2026
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          recovered from his conscious possession and even the alleged

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

          and is accessible to public at large. It is further submitted that

          petitioner came to be implicated based on the secret information

          which is the easiest way to implicate someone. 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. It is also submitted that petitioner earlier also came to

          be implicated in a similar manner.

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

          anticipatory bail of the petitioner.

                       8. Considering the submissions made by the learned

          counsel for 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.35,000/- (Rupees Thirty-five

          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 Mali P.S. Case No.

          196 of 2025, subject to the conditions as laid down under
           Patna High Court CR. MISC. No.3720 of 2026(3) dt.23-02-2026
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                     Section 438(2) of the Cr.P.C./482(2) of the BNSS.

                                  9. 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 seven

                     cases, it would be presumed that petitioner had concealed his

                     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

                     petitioner has antecedent of only seven cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T