Amar Kumar @ BalchanversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44148 of 2026
                   Arising Out of PS. Case No.-89 Year-2026 Thana- WARISNAGAR District- Samastipur
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           1.     Amar Kumar @ Balchan S/o Mithilesh Kumar @ Mithilesh Sahini R/o
                  Village-Manopur Darori, Post and Police Station-Warisnagar, District-
                  Samastipur
           2.    Guddu Kumar Chaudhary @ Guddu Sahni S/o Ramashish Sahni R/o
                 Village-Manopur Darori, Post and Police Station-Warisnagar, District-
                 Samastipur

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :      Mr. Abhay Kumar
                 For the Opposite Party/s :      Mr. Md. Nazir Ansari
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                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-07-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioners submits that

                   petitioner no.1 is a person with clean antecedent and petitioner

                   no.2 has antecedent of one case under the Excise Act and

                   allegation is of recovery of 45 litres of liquor from bush near a

                   canal It is next submitted that petitioners were not arrested from

                   the spot as such nothing was recovered from their conscious

                   possession and even alleged recovery is from a place which
Patna High Court CR. MISC. No.44148 of 2026(2) dt.07-07-2026
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          does not belong to the petitioners and is accessible to villagers

          at large and they came to be implicated at the instance of local

          person but then the name of the person who disclosed the name

          of the petitioner is not disclosed in the FIR, which casts an

          aspersion on the case of the prosecution. It is 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 petitioners.

                       5. 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.5000/- (Rupees five thousand) 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 Warisnagar P.S. Case No.89 of 2026, subject

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

          B.N.S.S.

                       6. It is made clear that thereafter the learned trial court
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                       thereafter shall verify the criminal antecedents of the petitioners

                       and in the event if it is found that petitioner no.1 has antecedent

                       of even one case and petitioner no.2 has antecedent of more than

                       one case, in that event, it would be presumed that petitioners

                       had concealed their antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed with

                       respect to those petitioners whose criminal antecedent does not

                       tally but if after verification the criminal antecedent as recorded

                       hereinabove tallies with the petitioners in that event the

                       provisional anticipatory bail order shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T