Arun YadavversusThe State Of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43327 of 2026
                 Arising Out of PS. Case No.-143 Year-2026 Thana- GHANSHYAMPUR District- Darbhanga
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                 Arun Yadav S/O Hular Yadav @ Bhullar Yadav R/O - Ward No. - 08, P.O. -
                 Kortho, P.S. - Alinagar, Dist. - Darbhanaga, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Jyoti Prakash
                 For the Opposite Party/s :      Ms.Veena Kumari Jaiswal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-07-2026               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 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 83.10 litres of liquor from bushes situated near hotel

                   of Parmeshwar Mandal and a bicycle was seized.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and petitioner is not the owner of the seized bicycle and he
Patna High Court CR. MISC. No.43327 of 2026(2) dt.02-07-2026
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          came to be implicated at the instance of Chowkidar with whom

          he is on an inimical term.                 It is next submitted that if

          Chowkidar was aware about the involvement of the petitioner 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 petitioner.

                   6.     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. 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 Ghanshyampur (Darbhanga) P.S. Case No. 143

          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 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

          seeking anticipatory bail, had concealed his antecedent before this
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                        Court, as such, the provisional anticipatory bail order shall not be

                        confirmed, but after verification if it is found that petitioner is a

                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T