Bittu Kumar RaiversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41593 of 2026
                       Arising Out of PS. Case No.-182 Year-2026 Thana- JALALPUR District- Saran
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           1.     Bittu Kumar Rai S/O Nand Lal Rai R/V Puchhari, P.S- Baniyapur, Distt.-
                  Saran.
           2.    Pankaj Kumar S/O Late Shambhu Sah @ Shambhu Prasad R/V- Puchhari,
                 P.S.- Baniyapur, Distt.- Saran.
           3.    Naushad Ansari S/O Kalam Ansari R/V Noornagar, P.S.- Jalalpur, Distt.-
                 Saran.

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjeet Kumar Singh
                 For the Opposite Party/s :       Mr. Vinod Shanker Modi
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-06-2026                  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 has antecedent of three cases, out of which, two

                   cases are under the Excise Act, petitioner no.2 has antecedent of

                   six cases, out of which, four cases are under the Excise Act and

                   petitioner no.3 has antecedent of two cases, out of which, one

                   case is under the Excise Act and and allegation is of recovery of
Patna High Court CR. MISC. No.41593 of 2026(2) dt.30-06-2026
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          200 litres of liquor from a Toto.               It is next submitted that

          petitioners were not arrested from the spot as such nothing was

          recovered from their conscious possession and are not the

          owners of the seized vehicle and they came to be implicated

          based on confessional statement of apprehended accused in

          police custody which does not have any evidentiary value. It is

          also submitted that once an accused is implicated in a case

          relating to excise, the police starts implicating mechanically

          either through chowkidar, local person, confessional statement

          or secret information without holding a proper investigation.

                       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.30,000/- (Rupees thirty 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 Jalalpur P.S. Case No.182/2026,

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

          the B.N.S.S.
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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 has antecedent

                       of more than three cases, petitioner no.2 has antecedent of more

                       than six cases and petitioner no.3 has antecedent of more than

                       two cases, 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