Sanjay KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45230 of 2026
                      Arising Out of PS. Case No.-135 Year-2025 Thana- BARHARA District- Bhojpur
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                 Sanjay Kumar son of Late Ram Narayan Shingh Resident of Village - Bihita,
                 Ps- Bihita, Dist- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sameer Sawarn
                 For the Opposite Party/s :       Mr. Suresh Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-07-2026                  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 (Amendment) Act, 2018 and

                   109(1) of BNS, 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 991.500 litres of liquor from six different vehicles

                   and two other vehicles were also seized. It is next submitted that

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and he came to be

                   implicated based on the fact that he is owner of one of the

                   seized vehicles. It is next submitted that no prudent person
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          would use his own vehicle for committing an occurrence and

          thus would create evidence against himself and hence would get

          implicated. It is also submitted that the petitioner was

          completely unaware that Ajay would misuse the vehicle in the

          manner as alleged, who also apprehended from the spot along

          with four other accused persons.

                       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.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 Barhara P.S. Case No.135/2025, 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 even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the
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                       provisional anticipatory bail order shall not be confirmed but if

                       on verification 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)
amit/-

U        T