Kamlesh Mallik @ Kamlesh DomversusThe State Of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37381 of 2026
                  Arising Out of PS. Case No.-45 Year-2026 Thana- NAKARDEI District- East Champaran
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                 Kamlesh Mallik @ Kamlesh Dom S/O Solak Mallik R/O Vill.- Bhawanipur,
                 P.s- Nakardei, DIstrict - East Champaran,Motihari

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rajesh Kumar
                 For the Opposite Party/s :      Md. Iftekhar Mahmood
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-06-2026               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 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 15 litres of liquor from a place near wall of the

                   house of the petitioner and 10.5 litres of liquor from a

                   motorcycle.

                             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 is not the owner of

                   the seized vehicle and even the alleged recovery is from a place
Patna High Court CR. MISC. No.37381 of 2026(2) dt.16-06-2026
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          which is adjacent to the house of the petitioner and he came to

          be implicated at the instance of Chowkidar with whom he is on

          an inimical term. It is next submitted that if Chowkidar was

          aware about the involvement of the petitioner in the occurrence,

          then why he did not inform the police prior to institution of the

          instant FIR, which casts an aspersion on the case of the

          prosecution.

                   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 Nakardai P.S. Case No. 45 of 2026 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.37381 of 2026(2) dt.16-06-2026
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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