Binod RaiversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42594 of 2026
                    Arising Out of PS. Case No.-136 Year-2026 Thana- KOTWA District- East Champaran
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           1.     Binod Rai Son of Ramdev Ray Resident of Village- Koirigawan, P.S.-
                  Kotwa, District- East Champaran
           2.    Manjay Rai Son of Mangal Rai Resident of Village- Koirigawan, P.S.-
                 Kotwa, District- East Champaran
           3.    Akhilesh Rai Son of Indrajeet Ray Resident of Village- Koirigawan, P.S.-
                 Kotwa, District- East Champaran

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr.Manoj Kumar
                 For the Opposite Party/s :       Mr.Jagdhar Prasad
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                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   01-07-2026               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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioners submits that the

                   petitioners are person with clean antecedent and allegation is of

                   recovery of 103.68 litres of liquor from a Bolero vehicle.

                             4.    Learned counsel for the petitioners submits that the

                   petitioners were not arrested from the spot as such nothing was

                   recovered from their conscious possession and are not the owner
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          of the seized vehicle and they came to be implicated at the

          instance of Chowkidar with whom they are on an inimical term.

          It is next submitted that if Chowkidar was aware about the

          involvement of the petitioners in the occurrence, then why he

          did not inform the police prior to institution of the instant FIR,

          which casts an aspersion on the case of the prosecution.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                   6.     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. 500/- (Rupees Five Hundred) 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 Kotwa P.S. Case No. 136 of 2026 subject to

          the conditions as laid down under Section 482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioners and in the

          event if it is found that petitioners have antecedent of even one

          case then it would be presumed that petitioners, for the purposes of

          seeking anticipatory bail, had concealed their antecedent before

          this Court, as such, the provisional anticipatory bail order shall not
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                        be confirmed with respect to that petitioner who had concealed his

                        criminal antecedent before this Court, but after verification if it is

                        found that petitioners are person with clean antecedent in that

                        event the provisional anticipatory bail order shall be confirmed

                        forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T