Karu Miyan @ Sahjad AlamversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4229 of 2026
                       Arising Out of PS. Case No.-661 Year-2025 Thana- HISUWA District- Nawada
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                 Karu Miyan @ Sahjad Alam S/O Khurshid Miyan @ Khurshid Alam Resident
                 of Village- Daulatpur, P.S.-Hisua, District- Nawada.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Man Mohan Kumar, Advocate
                 For the Opposite Party/s :       Mr. Rajesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   31-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. 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 85 litres of liquor from a bamboo orchard along

                   with 1000 litres of Mahua jaggery, which was destroyed at the

                   spot. It is next submitted that petitioner was not arrested from

                   the spot, as such, nothing was recovered from his conscious

                   possession and even alleged recovery is from a place which

                   does not belong to the petitioner but then is accessible to

                   villagers at large and he came to be implicated at the instance of
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          local person but then name of the person, who disclosed the

          name of the petitioner, is not disclosed in the FIR, which casts

          an aspersion on the case of the prosecution moreso when

          petitioner admittedly is a person with clean antecedent.

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

          application.

                       5. 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-bond in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of learned Exclusive Special

          Court, Excise-1, Nawada in connection with Hisua P.S. Case

          No.661 of 2025, subject to the conditions laid down under

          Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.

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

          accepting the provisional bail bond of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is

          found that petitioner has antecedent of even one case, then it

          would be presumed that petitioner for the purposes of obtaining
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                         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 is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.

                                      8. At this stage, learned counsel for the petitioner,

                         based on instruction, submits that petitioner undertakes to

                         deposit an amount of Rs.1500/- with Advocates’ Association,

                         Patna High Court within a period of two weeks from today.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T