Akshay SinghversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43353 of 2026
                     Arising Out of PS. Case No.-128 Year-2026 Thana- SURYAPURA District- Rohtas
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                 Akshay Singh S/o Late Krishna Singh Resident of Village - Kalyani, P.S. -
                 Suryapura, Dist. - Rohtas.

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :      Mr. Dharmendra Kumar Singh
                 For the Opposite Party/s :      Mr. Uma Shankar Prasad Singh
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                 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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 8 litres of liquor from a place near

                   the house of the petitioner. 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 but then is

                   adjacent to his house and he came to be implicated at the

                   instance of chowkidar with whom he is on an inimical term. It is
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          also submitted that once an 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.10,000/- (Rupees Ten 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 Suryapura P.S. Case No.128/2026, 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

          two cases, 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
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                       on verification it is found that petitioner has antecedent of two

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T