Aman KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42497 of 2026
                      Arising Out of PS. Case No.-160 Year-2026 Thana- Excise P.S. District- Begusarai
                 ======================================================
                 Aman Kumar S/o Late Ram Prakash Singh Resident of vill - Ramdiri Mahaji
                 Dukhuti, Ward No. 9, P.S.- Matihani, Distt.- Begusarai
                                                                               ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Amish Kumar No. I, Advocate
                 For the Opposite Party/s :         Mr. Akshay Lal Pandit, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   01-07-2026                  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

                   32(3) of the Bihar Prohibition and Excise (Amendment) Act,

                   2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of

                   recovery of 311.540 litres of liquor from premise of Aman

                   Traders.

                                4. Learned counsel for the petitioner submits that

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

                   recovered from his conscious possession and the place from

                   where the alleged recovery is shown is a godown where cement

                   is kept. It is further submitted that no prudent person would use
Patna High Court CR. MISC. No.42497 of 2026(2) dt.01-07-2026
                                            2/3




          his own premises for committing an occurrence and, thus,

          would create evidence against himself and, hence, would get

          implicated. It is next submitted that petitioner came to be

          implicated based on the confessional statement of Ajit in police

          custody which does not have any evidentiary value in the eye of

          law.

                       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.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 Begusarai Excise

          P.S. Case No. 160 of 2026, 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 one

          case, it would be presumed that petitioner had concealed his
           Patna High Court CR. MISC. No.42497 of 2026(2) dt.01-07-2026
                                                       3/3




                     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 one case in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T