Sudist JhaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44520 of 2026
                     Arising Out of PS. Case No.-239 Year-2021 Thana- MADHUBANI TOWN District-
                                                       Madhubani
                 ======================================================
                 Sudist Jha S/o Vidyanand Jha Resident of - Adarsh Nagar Colony, P.S -
                 Rajnagar, District - Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Akash Ranjan
                 For the Opposite Party/s :      Mr.Arun Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-07-2026               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 Sections 272 and

                   273 of Indian Penal Code and Sections 30(a) and 41 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 4.440 litres of liquor from a scooty and 11.97 litres

                   of liquor from a house.

                             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 is not the owner of
Patna High Court CR. MISC. No.44520 of 2026(2) dt.08-07-2026
                                            2/3




          the house and he came to be implicated based on the fact that he

          is owner of the seized scooty. It is next submitted that no

          prudent person would use his own vehicle for committing an

          occurrence and thus would create evidence against himself and

          hence would get implicated, it is further submitted that

          petitioner was completely unaware that his friend would misuse

          the vehicle in the manner as alleged, who also fled from the

          spot.

                   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 Madhubani Town P.S. Case No. 239 of 2021,

          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
              Patna High Court CR. MISC. No.44520 of 2026(2) dt.08-07-2026
                                                          3/3




                        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 is a

                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T