IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12612 of 2026 Arising Out of PS. Case No.-413 Year-2025 Thana- BANIAPUR District- Saran ====================================================== 1. Ravi Kumar Mahto @ Ravi Mahto S/O Punyadev Mahto R/O Vill- Pandeypur, P.S- Baniyapur, Dist- Saran at Chapra- 841403. 2. Raju Kumar @ Raju Mahto S/O Jhamlal Mahto R/O Vill- Pandeypur, P.S- Baniyapur, Dist- Saran at Chapra- 841403. 3. Jitendra Kumar Mahto @ Jitendra Mahto S/O Manshi Mahto R/O Vill- Pandeypur, P.S- Baniyapur, Dist- Saran at Chapra- 841403. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jeetendra Narayan For the Opposite Party/s : Ms. Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 10-03-2026 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 Act. 3. Learned counsel for the petitioners submits that petitioner no.1 and 2 are persons with clean antecedent and petitioner no.3 has antecedent of one case and allegation is of recovery of 50 litres of liquor from sacks from two different places. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from their Patna High Court CR. MISC. No.12612 of 2026(2) dt.10-03-2026 2/3 conscious possession and even alleged recovery is from a place which does not belong to the petitioners and is accessible to public at large and they came to be implicated at the instance of chowkidar but then it is 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 once an accused is implicated in a case relating to excise, the police starts implicating mechanically either through chowkidar, local person, confessional statement or secret information without holding a proper investigation. 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 within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.5000/- (Rupees 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 Baniyapur P.S. Case No.413/2025, subject to the conditions as laid down under Section 482(2) of the Patna High Court CR. MISC. No.12612 of 2026(2) dt.10-03-2026 3/3 B.N.S.S. 6. It is made clear that thereafter the learned trial court thereafter shall verify the criminal antecedents of the petitioners and in the event if it is found that petitioner no.1 and petitioner no.2 has antecedent of even one case and petitioner no.3 has antecedent of more than one case, 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 with respect to those petitioners whose criminal antecedent does not tally but if after verification the criminal antecedent as recorded hereinabove tallies with the petitioners in that event the provisional anticipatory bail order shall be confirmed forthwith. amit/- (Satyavrat Verma, J) U T