Sameer @ Sameer AlamversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.47628 of 2026
                  Arising Out of PS. Case No.-142 Year-2026 Thana- SASARAM NAGAR District- Rohtas
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                 Sameer @ Sameer Alam Son of Asgar R/o- Mohalla- Kila, P.S.- Sasaram (T),
                 District- Rohtas.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Deovind Kumar Singh
                 For the Opposite Party/s :      Mr.Abhay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

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

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of three cases under the Excise Act and

                   allegation is of recovery of 22.320 litres of liquor from a bag

                   and a motorcycle was seized.

                             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

                   the seized vehicle and he came to be implicated based on secret

                   information which is the easiest way to implicate someone
Patna High Court CR. MISC. No.47628 of 2026(2) dt.10-07-2026
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          without holding a proper investigation. It is further submitted

          that once an accused is implicated in a case relating to excise,

          the police starts implicating mechanically either at the instance

          of Chowkidar, local person, confessional statement or secret

          information 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. 15,000/- (Rupees

          Fifteen 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 Sasaram (T) P.S. Case

          No. 142 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 in the

          event if it is found that petitioner has antecedent of more than

          three cases 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
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                        shall not be confirmed, but after verification if it is found that

                        petitioner has antecedent of three cases in that event the

                        provisional anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T