Suresh KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9148 of 2026
                      Arising Out of PS. Case No.-501 Year-2025 Thana- Excise P.S. District- Begusarai
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                 Suresh Kumar S/O Rajendra Tanti R/O Nagar/Village- Khamhar, Ward No.
                 10, P.O- Rajaura, P.S- Begusarai Muffasil, Distt.- Begusarai.
                                                                                ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Saket Kumar, Advocate
                 For the Opposite Party/s :         Mr. Md. Iftekhar Mahmood, 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 30(a),

                   32(2) and 45 of the 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 81 litres of liquor from an auto and two motorcycles

                   were seized and 99 litres of liuqor was also seized from the

                   straw house of Rajendra Tanti.

                                4. Learned counsel for the petitioner submits that

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

                   recovered from his conscious possession and the straw house is

                   a place outside the house and, thus, is accessible to villagers at

                   large. It is further submitted that no prudent person would use
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          his own premises for committing an occurrence and, thus,

          would create evidence against himself and, hence, would get

          implicated. It is next submitted that petitioner came to be

          implicated at the instance of the local person but then the name

          of the person who disclosed the name of the petitioner is not

          disclosed in the FIR which casts an aspersion on the case of the

          prosecution, when petitioner has not been implicated based on

          the secret information and is a person with clean antecedent. It

          is also submitted that petitioner has absolutely no concern with

          seizure of 81 litres of liquor from an auto and the motorcycles

          nor the vehicles belong to him.

                       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.500/- (Rupees

          Five Hundred) 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 Begusarai Excise

          Case No. 501 of 2025, subject to the conditions as laid down
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                     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 even one 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 is a person with clean antecedent in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T