IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.76577 of 2025 Arising Out of PS. Case No.-111 Year-2025 Thana- BOKHRA District- Sitamarhi ====================================================== 1. Ajit Yadav @ Ajeet Kumar @ Ajeet Yadav Son of Ram Lala Yadav Resident of Village - Mahisautha Sherha Tola, P.S. - Bokhra, District - Sitamadhi. 2. Sushil Yadav @ Sushil Kumar Son of Janardhan Yadav Resident of Village - Mahisautha Sherha Tola, P.S. - Bokhra, District - Sitamadhi. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashank Shekhar For the Opposite Party/s : Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 19-11-2025 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 offence punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018. 3. Learned counsel for the petitioners submits that petitioner no.1 has antecedent of five cases and petitioner no.2 has antecedent of three cases and allegation is of recovery of 85.93 litres of liquor from a bush. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and even alleged recovery is from a place which does not belong to the Patna High Court CR. MISC. No.76577 of 2025(2) dt.19-11-2025 2/3 petitioners and is accessible to public at large and they came to be implicated at the instance of chowkidar. It is next submitted that if chowkidar was aware of the involvement of the petitioner in the occurrence then why he did not inform the police prior to institution of the instant FIR, which casts an aspersion on the case of the prosecution. It is also submitted that police in mechanical manner investigates and implicates either at the instance of chowkidar, local person, secret information or confessional statement. 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.25000/- (Rupees 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 Bokhra P.S. Case No.111/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. 6. It is made clear that the learned trial court thereafter Patna High Court CR. MISC. No.76577 of 2025(2) dt.19-11-2025 3/3 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 five cases and petitioner no.2 has antecedent of more than three cases, in that event, it would be presumed that petitioners had concealed their antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed but if on verification it is found that petitioner no.1 has antecedent of five cases and petitioner no.2 has antecedent of three cases, in that event the provisional anticipatory bail order shall be confirmed forthwith. amit/- (Satyavrat Verma, J) U T