LAVKUSH KUMARversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38990 of 2026
                        Arising Out of PS. Case No.-175 Year-2026 Thana- NOKHA District- Rohtas
                 ======================================================
           1.     LAVKUSH KUMAR S/O Late Kedar Chaudhary Resident Of Village-
                  Shivpur, Police Station- Nokha, District- Rohtas
           2.    Raju Kumar S/O Late Kedar Chaudhary Resident Of Village- Shivpur,
                 Police Station- Nokha, District- Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Raghunandan Kumar Singh
                 For the Opposite Party/s :       Ms.Pronoti Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-06-2026               1.    Heard learned counsel for the petitioners and

                   learned A.P.P. for the State, Ms. Pronoti Singh.

                             2.    The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioners submits that

                   petitioner no. 1 has antecedent of three cases under the Excise

                   Act and petitioner no. 2 has antecedent of two cases under the

                   Excise Act and allegation is of recovery of 45 litres of liquor

                   from a field.

                             4.    Learned counsel for the petitioners submits that the

                   petitioners were not arrested from the spot as such nothing was
Patna High Court CR. MISC. No.38990 of 2026(2) dt.22-06-2026
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          recovered from their conscious possession and even the alleged

          recovery is from a place which does not belong to the

          petitioners and is accessible to villagers at large and they came

          to be implicated at the instance of Chowkidar with whom they

          are on an inimical term. It is next submitted that if Chowkidar

          was aware about the involvement of the petitioners 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. It is further 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 petitioners.

                   6.     Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)

          each with two sureties of the like amount each to the satisfaction

          of the learned trial court where the case is pending/successor
              Patna High Court CR. MISC. No.38990 of 2026(2) dt.22-06-2026
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                        court in connection with Nokha PS Case No. 175 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 petitioners and in the

                        event if it is found that petitioner no. 1 has antecedent of more

                        than three cases and petitioner no. 2 has antecedent of more than

                        two cases then it would be presumed that petitioners, for the

                        purposes of seeking anticipatory bail, had concealed their

                        antecedent before this Court, as such, the provisional anticipatory

                        bail order shall not be confirmed with respect to that petitioner

                        who had concealed his criminal antecedent before this Court, but

                        after verification if it is found that petitioner no. 1 has antecedent

                        of three cases and petitioner no. 2 has antecedent of two cases in

                        that event the provisional anticipatory bail order shall be

                        confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T