Sawan Thakur @ Sawan KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37841 of 2026
                      Arising Out of PS. Case No.-21 Year-2026 Thana- KATRA District- Muzaffarpur
                 ======================================================
                 Sawan Thakur @ Sawan Kumar Son of Laxmeshwar Thakur Resident of
                 Village Jajuaar Madhya PS- Katra (Jajuaar O.P. ), Dist Muzaffapur, Bihar.
                                                                               ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anish Kumar, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Pandey, A.P.P.
                 ======================================================
                 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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act, 2016-2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of nineteen cases out of which

                   fourteen cases are under the Excise Act and allegation is of

                   recovery of 70.8 litres of liquor from the orchard of Amresh

                   Thakur.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   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 villagers at large and has no concern or
Patna High Court CR. MISC. No.37841 of 2026(2) dt.17-06-2026
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          relation with Amresh Thakur. It is further submitted that

          petitioner came to be implicated at the instance of the local

          person but then the name of the person who disclosed the name

          of the petitioner is not disclosed in the FIR which casts an

          aspersion on the case of the prosecution, when petitioner has not

          been implicated in the case based on the secret information. 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 in similar

          manner earlier the petitioner came to be implicated in cases

          relating to excise.

                       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 appearing on behalf of 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.95,000/-

          (Rupees Ninety-Five Thousand) with two sureties of the like

          amount each to the satisfaction of the learned Trial Court where
           Patna High Court CR. MISC. No.37841 of 2026(2) dt.17-06-2026
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                     the case is pending/Successor Court in connection with Katra

                     (Jajuar OP) P.S. Case No. 21 of 2026, subject to the conditions

                     as laid down under Section 438(2) of the Cr.P.C./482(2) of the

                     B.N.S.S.

                                  7. However, 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

                     nineteen 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 nineteen

                     cases in that event the provisional anticipatory bail order shall

                     be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T