Anirudha YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39459 of 2026
                       Arising Out of PS. Case No.-81 Year-2026 Thana- DHORAIYA District- Banka
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                 Anirudha Yadav S/O- Late Chaturi Yadav Resident of village-Bhelay, PS-
                 Dhoraiya, District-Banka

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Sudhir Kumar Mishra
                 For the Opposite Party/s :       Mr .Mritunjay Kumar Nirala
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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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 40 litres of liquor from the Boring Pump Room of

                   the petitioner near Bhelay hill.               It is next submitted that

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession. It is next submitted

                   that no prudent person would use his own premise for

                   committing an occurrence and thus would create evidence

                   against himself and hence would get implicated. It is also
Patna High Court CR. MISC. No.39459 of 2026(2) dt.22-06-2026
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          submitted that the pump room is a place outside the house near a

          hill and thus is accessible to villagers at large and it appears that

          someone inimical to the family or with an intent to conceal

          liquor used the premise without the knowledge of the petitioner

          and petitioner came to be implicated at the instance of

          chowkidar with whom he is on an inimical term.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. 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 Dhoraiya P.S. Case No.81/2026, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the
             Patna High Court CR. MISC. No.39459 of 2026(2) dt.22-06-2026
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                       provisional anticipatory bail order shall not be confirmed but if

                       on verification 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)
amit/-

U        T