Shree Ram KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39027 of 2026
                       Arising Out of PS. Case No.-2708 Year-2026 Thana- Excise P.S. District- Patna
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                 Shree Ram Kumar dhanjay sharma R/o- balaji dream home apartment Flat no
                 -303,shree nagar no - 09 AG colony,Keshari nagar, p.s - shastrinagar,
                 districtpatna
                                                                          ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :         Mr.Anish Kumar
                 For the Opposite Party/s :         Mr.Shailendra Kumar
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                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-06-2026               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), 41 and 56(b) 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 1737 litres of liquor from a vehicle.

                             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 based on confessional

                   statement of Manoj in police custody which does not have any

                   evidentiary value, when petitioner admittedly is a person with clean

                   antecedent.
              Patna High Court CR. MISC. No.39027 of 2026(2) dt.22-06-2026
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                                 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 Excise P.S. Case

                        No. 2708 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

                        shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T