Amit Kumar @ Amit Kumar ChauhanversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77701 of 2025
                  Arising Out of PS. Case No.-230 Year-2019 Thana- SASARAM MUFFSIL District- Rohtas
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                 Amit Kumar @ Amit Kumar Chauhan S/O Doctor Singh @ Doctor Chauhan
                 Resident of Village- Vajirganj, P.S.- Sasaram(M), District- Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ramchandra Singh, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   30-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 279 litres of liquor from a place near bank of Kai

                   river. It is next submitted that petitioner was not arrested from

                   the spot, as such, nothing was recovered from his conscious

                   possession and even alleged recovery is from a place which

                   does not belong to the petitioner and is accessible to villagers at

                   large and he came to be implicated at the instance of Chowkidar

                   with whom he is on an inimical term. It is next submitted that if
Patna High Court CR. MISC. No.77701 of 2025(3) dt.30-01-2026
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          Chowkidar was aware of 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.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. 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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bond in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of learned Exclusive Special

          Excise Judge-II, Sasaram, Rohtas in connection with Sasaram

          (M) P.S. Case No.230 of 2019, subject to the conditions laid

          down under Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bond of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is

          found that petitioner has antecedent of even one case, then it

          would be presumed that petitioner for the purposes of obtaining
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                         anticipatory bail had concealed his antecedent before this Court,

                         in that event, the present 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.

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

                         based on instruction, submits that petitioner undertakes to

                         deposit an amount of Rs.1500/- with Advocates’ Association,

                         Patna High Court within a period of two weeks from today.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T