Shani KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5191 of 2026
                        Arising Out of PS. Case No.-274 Year-2025 Thana- NAUTAN District- Siwan
                 ======================================================
                 Shani Kumar S/O Ghura Manjhi Resident of Vill- Ramgadh, P.S- Nautan,
                 Distt.- Siwan.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Kumari Anupam
                 For the Opposite Party/s :       Mr.Akshay Lal Pandit
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-02-2026               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 one case under the Excise Act and

                   allegation is of recovery of 225.375 litres of liquor from a car

                   and four different motorcycles.

                             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

                   any of the seized vehicles and he came to be implicated based

                   on confessional statement of Aalam in police custody which
Patna High Court CR. MISC. No.5191 of 2026(2) dt.02-02-2026
                                            2/3




          does not have any evidentiary value. 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. 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 Nautan P.S. Case No.

          274 of 2025, 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 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
              Patna High Court CR. MISC. No.5191 of 2026(2) dt.02-02-2026
                                                          3/3




                        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.

                                 8.     At this stage, the learned counsel for the petitioner

                        based on instruction submits that petitioner undertakes to deposit

                        an amount of Rs. 2,500/- with Patna High Court Legal Services

                        Committee, Patna within a period of two weeks from today.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T