Anil Kumar @ Anil YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83556 of 2025
                      Arising Out of PS. Case No.-148 Year-2025 Thana- Chhaudahi District- Begusarai
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                 Anil Kumar @ Anil Yadav S/o Late Bashudeo Yadav Resident of Village-
                 Patahi, P.S.- Chhaurahi, Distt- Begusarai

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr. Sarbottam Kumar Sarkar, Advocate
                 For the Opposite Party/s :        Ms. Asha Devi, APP
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                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offences punishable under Sections 30(a), 32(ii)(iii), 36

                   and 41(i)(ii) of Bihar Prohibition and Excise Act, 2016 as well

                   as Sections 318(4), 317(5) and 61(2) of B.N.S., 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedents of four cases under the Excise Act

                   and allegation is of recovery of 2615.760 litres of liquor from a

                   truck and a pickup vehicle. It is next submitted that 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 secret

                   information, which is the easiest way to implicate someone. It is
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          also 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.

                       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.20,000/- (Rupees Twenty Thousand) with two

          sureties of the like amount each to the satisfaction of learned

          Exclusive Special Judge Excise Court, 1st, Begusarai in

          connection with Chhaurahi P.S. Case No.148 of 2025, 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 antecedents of more than four cases,
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                         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 antecedents of only four cases, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T