Sunil Patel @ Bhaltu PatelversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70312 of 2025
                   Arising Out of PS. Case No.-116 Year-2025 Thana- MALAHI District- East Champaran
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                 Sunil Patel @ Bhaltu Patel S/o Chhotelal Patel R/O- Khairwa Dhanuk Toli,
                 PS- Malahi, District- East Champaran at Motihari

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr.Shashank Shekhar
                 For the Opposite Party/s :       Mr.Bishweshwar Ram
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                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

6   31-03-2026               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

                   defect as pointed out by the office stands removed.

                             4.    Learned counsel for the petitioner next submits that

                   the petitioner has antecedent of one case and allegation is of

                   recovery of 70 litres of liquor from different places as detailed

                   in the FIR.

                             5.    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 even the alleged
Patna High Court CR. MISC. No.70312 of 2025(6) dt.31-03-2026
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          recovery is from a place which does not belong to the petitioner

          and petitioner has no concern or relation with Prem Ram and he

          came to be implicated at the instance of local people, but then

          the name of the person, who disclosed the name of the petitioner

          is not disclosed in the FIR, which casts an aspersion on the case

          of the prosecution, when petitioner was not implicated based on

          secret information. 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.

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

          anticipatory bail of the petitioner.

                   7.     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 Malahi

          P.S. Case No. 116 of 2025, subject to the conditions as laid
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                        down under Section 482(2) of the BNSS.

                                 8.     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 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.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T