Krishana Kumar @ Bechan @ Krishan KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44154 of 2026
                      Arising Out of PS. Case No.-134 Year-2026 Thana- VAISHALI District- Vaishali
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                 Krishana Kumar @ Bechan @ Krishan Kumar Son of Maikhi Singh @
                 Bhekhi Singh Resident of village - Munja Pakari, P.O.- Karnezi, P.S.- Belsar
                 O.P., District - Vaishali.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Bela Singh
                 For the Opposite Party/s :       Ms.Gulnar Begum
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-07-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State, Ms. Gulnar Begum.

                             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 has antecedent of one case as would manifest from

                   supplementary affidavit. It is next submitted that allegation is of

                   recovery of 10.140 litres of liquor from bathan of the petitioner.

                             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 bathan is an open

                   place thus is accessible to villagers at large. It is next submitted
Patna High Court CR. MISC. No.44154 of 2026(2) dt.07-07-2026
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          that no prudent person would use his own bathan for committing

          an occurrence and thus would create evidence against himself

          and hence would get implicated. It is further submitted that it

          appears that someone inimical to the family members concealed

          meagre amount of liquor with an intent to implicate petitioner

          and his family members. It is next submitted that he came to be

          implicated based on secret information which is the easiest way

          to implicate someone without holding a proper investigation.

                   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 before the learned trial court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          5,000/- (Rupees Five 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 Vaishali

          (Belsar OP) P.S. Case No. 134 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
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                        in the event if it is found that petitioner has antecedent of more

                        than one case then it would be presumed that petitioner, for the

                        purposes of seeking anticipatory bail, had concealed his

                        antecedent before this Court, as such, the provisional

                        anticipatory bail order shall not be confirmed, but after

                        verification if it is found that petitioner has antecedent of one

                        case in that event the provisional anticipatory bail order shall be

                        confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T