Shiv KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.46059 of 2026
                       Arising Out of PS. Case No.-204 Year-2023 Thana- RAJAOLI District- Nawada
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           1.     Shiv Kumar S/o Lakhan Rajbanshi R/o Village - Jobkala, P.S. - Rajauli, Dist.
                  - Nawada(Bihar).
           2.    Suraj Rajbanshi S/o Lakhan Rajbanshi R/o Village - Jobkala, P.S. - Rajauli,
                 Dist. - Nawada(Bihar).

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr.Pramod Kumar Verma
                 For the Opposite Party/s :       Mr.Uday Pratap Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-07-2026               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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioners submits that the

                   petitioners are person with clean antecedent and allegation is of

                   recovery of 8000 litres of fermented jawa mahua, which was

                   destroyed.

                             4.    Learned counsel for the petitioners submits that the

                   petitioners were not arrested from the spot as such nothing was

                   recovered from their conscious possession and even the alleged
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          recovery is from a place which does not belong to the

          petitioners and is accessible to villagers at large and they came

          to be implicated at the instance of Chowkidar with whom they

          are on an inimical term. It is next submitted that if Chowkidar

          was aware about the involvement of the petitioner in the

          occurrence, then why he did not inform the police prior to

          institution of the instant FIR, which casts an aspersion on the

          case of the prosecution, when petitioners admittedly are persons

          with clean antecedent.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                   6.     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. 500/- (Rupees Five Hundred) 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 Rajauli P.S. Case No. 204 of 2023, 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 petitioners and in the

          event if it is found that petitioners have antecedent of even one
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                        case then it would be presumed that petitioners, for the purposes of

                        seeking anticipatory bail, had concealed their antecedent before

                        this Court, as such, the provisional anticipatory bail order shall not

                        be confirmed with respect to that petitioner who had concealed his

                        criminal antecedent before this Court, but after verification if it is

                        found that petitioners are person with clean antecedent in that

                        event the provisional anticipatory bail order shall be confirmed

                        forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T