Jaijai Mandal @ Jaijai Kumar @ Jay Jay KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8830 of 2026
                  Arising Out of PS. Case No.-74 Year-2025 Thana- SHIVAJINAGAR District- Samastipur
                 ======================================================
                 Jaijai Mandal @ Jaijai Kumar @ Jay Jay Kumar S/o Harekrishan Mahto @
                 Harikishun Mandal @ Hare Krishna Mahto Resident of Village- Banda,
                 Sarvadih @ Sarbaddi, P.S.- Shivajinagar, District- Samastipur (Bihar)
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Madhav Kumar, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-04-2026                  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 Sections 336(3),

                   274, 275 and 3(5) of the BNS as well as Sections 30(a) and

                   41(1) of the Bihar Prohibition and Excise (Amendment) Act,

                   2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 1330.2 litres of liquor from a Bolero

                   Pick-Up.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted
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          that petitioner is not the owner of the seized vehicle and came to

          be implicated based on the secret information which is the

          easiest way to implicate someone. It is next submitted that once

          an accused is implicated in a case relating to excise the police

          start implicating mechanically either at the instance of the

          Chawkidar, local person, confessional statement or secret

          information without holding a proper investigation of the case.

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

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel appearing on behalf of the petitioner, let the petitioner,

          above-named, in the event of his arrest or surrender 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 Shivajinagar P.S.

          Case No. 74 of 2025, subject to the conditions as laid down

          under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that thereafter the learned

          Trial Court shall verify the criminal antecedent of the petitioner

          and if it is found that petitioner has antecedent of more than one
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                     case, it would be presumed that petitioner had concealed his

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only one case in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T