Basanti DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40638 of 2026
                     Arising Out of PS. Case No.-283 Year-2026 Thana- SARAIYA District- Muzaffarpur
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           1.     Basanti Devi W/o Umesh Sahni @ Kallu Sahni R/o Village - Ayodhpur, PS -
                  Saraiya, District - Muzaffarpur
           2.    Umesh Sahni @ Kallu Sahni S/o Late Sukhdev Sahni R/o Village -
                 Ayodhpur, PS - Saraiya, District - Muzaffarpur
           3.    Neeraj Kumar S/o Umesh Sahni @ Kallu Sahni R/o Village - Ayodhpur, PS -
                 Saraiya, District - Muzaffarpur
           4.    Suraj Kumar S/o Umesh Sahni @ Kallu Sahni R/o Village - Ayodhpur, PS -
                 Saraiya, District - Muzaffarpur

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr. Vijay Kumar
                 For the Opposite Party/s :        Mr. Rana Randhir Singh
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                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-06-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

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

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioners submits that

                   petitioner no.1 and 4 are persons with clean antecedent and

                   petitioner no.2 and 3 have antecedent of one case and petitioner

                   no.1 is a woman and allegation is of recovery of 188.940 litres

                   of liquor from a maize field of petitioner no.2.                      It is next
Patna High Court CR. MISC. No.40638 of 2026(2) dt.24-06-2026
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          submitted that petitioners were not arrested from the spot as

          such nothing was recovered from their conscious possession and

          it is asserted and submitted that the maize field does not belong

          to the petitioner no.2 but in a mechanical manner, the police

          implicated him for the reason that earlier he was implicated in a

          similar manner in a case relating to excise and the rest accused

          came to be implicated at the instance of chowkidar. It is further

          submitted that no person would use his own filed for

          committing an occurrence and thus would created evidence

          against himself and hence would get implicated.

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

          anticipatory bail of the petitioners.

                       5. 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.5000/- (Rupees five thousand) each

          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 Saraiya P.S. Case No.283 of 2026, subject to

          the conditions as laid down under Section 482(2) of the

          B.N.S.S.
             Patna High Court CR. MISC. No.40638 of 2026(2) dt.24-06-2026
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                                    6. It is made clear that thereafter the learned trial court

                       thereafter shall verify the criminal antecedents of the petitioners

                       and in the event if it is found that petitioner no.1 and 4 have

                       antecedent of even one case and petitioner no.2 and 3 have

                       antecedent of more than one case, in that event, it would be

                       presumed that petitioners had concealed their antecedent before

                       this court, as such, the provisional anticipatory bail order shall

                       not be confirmed with respect to those petitioners whose

                       criminal antecedent does not tally but if after verification the

                       criminal antecedent as recorded hereinabove tallies with the

                       petitioners in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T