Guddu KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42603 of 2026
                   Arising Out of PS. Case No.-771 Year-2025 Thana- SAHEBGANJ District- Muzaffarpur
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                 Guddu Kumar S/o Amar Prasad Yadav Resident of Village- Asoiyan, P.S.-
                 Marhaura, Dist- Saran
                                                                      ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Sumit Jha, Advocate
                 For the Opposite Party/s :       Mr. Suresh Prasad Singh, A.P.P.
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                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-07-2026                   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 Section 317(5) of the IBNS as well

                   as Sections 30(a), 34 and 36 of the 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 1176 litres of spirit from a Pick-Up Vehicle.

                                 4. Learned counsel for the petitioner submits that

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

                   recovered from his conscious possession. It is further submitted that

                   petitioner is not the owner of the seized vehicle and came to be

                   implicated based on the confessional statement of Amit and Dinesh

                   in police custody which does not have any evidentiary value in the

                   eye of law.
           Patna High Court CR. MISC. No.42603 of 2026(2) dt.03-07-2026
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                                  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.500/- (Rupees Five Hundred) 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 Sahebganj P.S. Case No. 771 of 2025, 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 even one case, it would

                     be presumed that petitioner had concealed his 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 is a person with clean antecedent

                     in that event the provisional anticipatory bail order shall be

                     confirmed forthwith.

                                                                          (Satyavrat Verma, J)

Kundan/-

U     T