Abhinandan Kumar Ray @ Abhinandan KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41135 of 2026
                       Arising Out of PS. Case No.-30 Year-2026 Thana- TISIAUTA District- Vaishali
                 ======================================================
                 Abhinandan Kumar Ray @ Abhinandan Kumar S/O Virendra Ray @ Birendra
                 Ray @ Binda Ray R/O Village Harpur @ Husenipur, P.S.- Tisiauta, Distt.-
                 Vaishali.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Anuj Kumar
                 For the Opposite Party/s :        Dr. Mrityunjaya Kr.Gautam
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

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

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of one case under the Excise Act

                   and allegation is of recovery of 18 litres of liquor from cowshed

                   of the petitioner.

                                4. The learned counsel for the petitioner submits that

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

                   recovered from his conscious possession and cowshed is a place

                   outside the house and is accessible to public at large. It is next
Patna High Court CR. MISC. No.41135 of 2026(2) dt.24-06-2026
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          submitted that no prudent person would use his own cowshed

          for committing a crime and thus, would create evidence against

          himself and hence, would get implicated. It is next submitted

          that it appears that someone inimical to the family concealed the

          meager amount of liquor in the cowshed with an intent to

          implicate the family members and he came to be implicated at

          the instance of Chaukidar with whom he is on an inimical term.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the learned

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

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.5,000/- (Rupees Five 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 Tisiauta P. S. Case No.30 of 2026, subject to the conditions

          laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify
               Patna High Court CR. MISC. No.41135 of 2026(2) dt.24-06-2026
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                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedent of more than one case, then

                         it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of one case only, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T