Pradip MishraversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41109 of 2026
                     Arising Out of PS. Case No.-218 Year-2025 Thana- GORIAKOTHI District- Siwan
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                 Pradip Mishra S/o Krishna Mishra R/o Village - Sarari, P.S. - Goreyakothi,
                 Dist. - Siwan.
                                                                           ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :      Mr. Ashok Kumar, Advocate
                 For the Opposite Party/s :      Mr. Akbar Ali, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-06-2026                  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 Sections 30(a) and 41(1) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases out of which one case is under

                   the Excise Act and allegation is of recovery of 777.600 litres of

                   liquor from two Scorpio vehicles.

                                4. Learned counsel for the petitioner submits that

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

                   recovered from his conscious possession. It is further submitted that

                   petitioner is not the owner of any of the seized vehicles and came to

                   be implicated based on the confessional statement of apprehended

                   accused in police custody which does not have any evidentiary value

                   in the eye of law.
           Patna High Court CR. MISC. No.41109 of 2026(2) dt.24-06-2026
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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 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.10,000/- (Rupees Ten Thousand) 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 Goreyakothi P.S. Case No. 218 of 2025, 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 two 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

                     two cases in that event the provisional anticipatory bail order shall be

                     confirmed forthwith.

                                                                          (Satyavrat Verma, J)

Kundan/-

U     T