IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9899 of 2026 Arising Out of PS. Case No.-797 Year-2023 Thana- KANTI District- Muzaffarpur ====================================================== Suman Kumar S/O Sukhdev Chaudhary Resident of- House No 762, 763 and 764 2nd Floor, QKT 7 Punarvas Colony, Sector A - 10, PS- Narela North West Delhi, District- Delhi, Registered owner of DLIMA- 8687 ... ... Petitioner/s Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bhavesh Kumar, Advocate For the Opposite Party/s : Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 23-02-2026 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 (Amendment) Act, 2016-18. 3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 3519.36 litres of liquor from a truck. It is next submitted that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on the fact that he is owner of the seized truck. It is next submitted that no prudent person would Patna High Court CR. MISC. No.9899 of 2026(2) dt.23-02-2026 2/3 use his own vehicle for committing an occurrence and thus, would create evidence against himself and hence, would get implicated and, at the same time, shall bring disrepute to his business. It is also submitted that petitioner was completely unaware that Ravindra and Kapil would misuse the vehicle in the manner as alleged, who were also apprehended from the spot. 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.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court-II, Muzaffarpur in connection with Kanti P.S. Case No.797 of 2023, subject to the conditions laid down under Section 482(2) of the B.N.S.S. 6. The application stands allowed. 7. 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 Patna High Court CR. MISC. No.9899 of 2026(2) dt.23-02-2026 3/3 the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of even one case, 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 is a person with clean antecedent, in that event, the provisional anticipatory bail order shall be confirmed forthwith. Sanjay/- (Satyavrat Verma, J) U T