Rajesh Yadav @ Rajesh KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79763 of 2025
                     Arising Out of PS. Case No.-650 Year-2025 Thana- BIKRAMGANJ District- Rohtas
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           1.     Rajesh Yadav @ Rajesh Kumar S/O Suresh Yadav @ Suresh Singh R/O
                  Village- Ghusiya Kala, P.S.- Bikramganj, Dist.- Rohtas
           2.    Amar Kumar S/O Lakshman Singh R/O Village- Ghusiya Kala, P.S.-
                 Bikramganj, Dist.- Rohtas
           3.    Radha Yadav @ Ravi Ranjan Kumar S/O Vishwanath Yadav @ Vishwanath
                 Singh R/O Village- Ghusiya Kala, P.S.- Bikramganj, Dist.- Rohtas
           4.    Rakesh Kumar S/O Suresh Yadav @ Suresh Singh R/O Village- Ghusiya
                 Kala, P.S.- Bikramganj, Dist.- Rohtas
           5.    Vikash Kumar S/O Vijay Singh R/O Village- Ghusiya Kala, P.S.-
                 Bikramganj, Dist.- Rohtas

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

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

3   19-01-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 109, 132, 262, 263, 352 and 3(5) BNS, 2023 and Section

                   45 of Bihar Prohibition and Excise Amendment Act, 2022.

                                3. Learned counsel for the petitioners submits that

                   petitioner no.1 has antecedent of three cases under the Excise

                   Act and petitioner no.2, 3 and 4 are persons with clean
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          antecedent and petitioner no.5 has antecedent of one case under

          the Excise Act. It is next submitted that informant alleges that

          on 19.09.2025 he received a secret information 4-5 persons

          were sitting in a room adjacent to the poultry farm of Rajesh in

          an intoxicated condition, accordingly, police reached the place

          of occurrence and on enquiry, it transpired that accused were

          drunk as such the police asked them to get their breath analyzed

          on which they raised an alarm, when nearby people gathered

          and they tried to free the arrested persons and also freed them

          and a constable Prem Kumar sustained injury.

                       4. Learned counsel submits that petitioners petitioners

          have been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that no liquor

          was recovered from the place of occurrence rather it is alleged

          that 4-5 unknown accused were found sitting in an intoxicated

          condition and when they were apprehended, nearby people

          appeared and freed them. It is also submitted that allegation of

          assault is general and omnibus in nature and petitioner came to

          be implicated at the instance of chowkidar. It is further

          submitted that in cases relating to excise the police implicates

          either at the instance of chowkidar, local person, secret
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          information or confessional statement without holding proper

          investigation in a mechanical manner, more so when petitioner

          no.2, 3, and 4 are persons with clean antecedent.

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

          anticipatory bail of the petitioners.

                       5. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their arrest or surrender before the learned Court below

          within a period of six weeks from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.25,000/- (Twenty Five thousand) each 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

          Bikramganj P.S. Case No.650/2025, subject to the conditions as

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

                       6. It is made clear that thereafter the learned trial court

          thereafter shall verify the criminal antecedents of the petitioners

          and in the event if it is found that petitioner no.1 has antecedent

          of more than three cases, petitioner no.2, 3, 4 have antecedent of

          even one case and petitioner no.5 has antecedent of more than

          one case, in that event, it would be presumed that petitioners

          had concealed their antecedent before this court, as such, the
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                       provisional anticipatory bail order shall not be confirmed with

                       respect to those petitioners whose criminal antecedent does not

                       tally but if after verification the criminal antecedent as recorded

                       hereinabove tallies with the petitioners in that event the

                       provisional anticipatory bail order shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T