Mukesh Khatik @ Mukesh KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37507 of 2026
                    Arising Out of PS. Case No.-14 Year-2026 Thana- PHULWARIYA District- Gopalganj
                 ======================================================
                 Mukesh Khatik @ Mukesh Kumar S/o Ramchandra Khatik @ Ramchandra
                 Prasad Resident of Village- Gosaisiya, (Gosaeiya), P.S.- Bhorey, District-
                 Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Javed Aslam
                 For the Opposite Party/s :       Mr.Khurshid Anwar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-06-2026               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 54 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 he came to be implicated at the instance

                   of local people, but then the name of the person, who disclosed
Patna High Court CR. MISC. No.37507 of 2026(2) dt.17-06-2026
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          the name of the petitioner, is not disclosed in the 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 Phulwariya P.S. Case No. 14 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 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
              Patna High Court CR. MISC. No.37507 of 2026(2) dt.17-06-2026
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                        shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

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