Sunny Kumar @ Sani KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78674 of 2025
                  Arising Out of PS. Case No.-337 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
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                 Sunny Kumar @ Sani Kumar Son of Surendar Manjhi Resident of Village -
                 Methawaliya, Ward No.- 1, P.S.- Muffasil, District - Saran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Alok Kumar Alok
                 For the Opposite Party/s :      Mr.Braj Kishore Pd.(App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-01-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The learned counsel for the petitioner submits that

                   the defects as pointed out by the office be ignored as petitioner

                   had obtained the certified copy of the FIR and the fard-bayan

                   was marked, but then, the petitioner cannot be faulted for the

                   same.

                                3. In view of the submissions made by the learned

                   counsel appearing on behalf of the petitioner, the defects as

                   pointed out by the office is hereby ignored.

                                4. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                5. The learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.78674 of 2025(2) dt.20-01-2026
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          the petitioner has antecedent of one case under the Excise Act

          and allegation is of recovery of 40 litres of liquor from a place

          behind the house of the petitioner.

                       6. The learned counsel for the petitioner submits 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, but then, is adjacent to his house and he came to be

          implicated based on secret information, which is the easiest way

          to implicate someone without holding a proper investigation. It

          is next submitted that police in majority of cases implicating

          innocent persons either at the behest of Chaukidar, local person,

          secret information and confessional statement in a mechanical

          manner without holding a proper investigation.

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

          application.

                       8. 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-bonds in the

          sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of
               Patna High Court CR. MISC. No.78674 of 2025(2) dt.20-01-2026
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                         the like amount each to the satisfaction of the learned Trial

                         Court where the case is pending/successor Court in connection

                         with Muffasil P. S. Case No.337 of 2025, subject to the

                         conditions laid down under Section 438(2) of the Cr.P.C.

                                      9. The application stands allowed.

                                      10.        It is made clear that the learned trial Court

                         after accepting the provisional bail bonds of the petitioner 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 obtaining 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 has antecedent of one case

                         only, in that event, the provisional anticipatory bail order shall

                         be confirmed forthwith.


                                                   (Satyavrat Verma, J)
vikash/-

U          T