Bachcha Yadav @ Vivek KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42573 of 2026
                   Arising Out of PS. Case No.-166 Year-2024 Thana- MALAHI District- East Champaran
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                 Bachcha Yadav @ Vivek Kumar S/o Barister Yadav Resident of Village -
                 Semrahi, P.S - Gopalganj, District - Gopalganj

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar Tiwari
                 For the Opposite Party/s :       Mr. Ram Sumiran Rai
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                 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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 384.660 litres of liquor from bushes.

                   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 and he came to be implicated based on

                   confessional statement of Narayan in police custody which does

                   not have any evidentiary value. It is also submitted that once an
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          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 petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, 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.5000/- (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 Malahi P.S. Case No.166/2024, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than

          one case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner has antecedent of one
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                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T