IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12087 of 2026 Arising Out of PS. Case No.-173 Year-2025 Thana- GANGABRIDGE District- Vaishali ====================================================== Birju Kumar S/o Late Biseshwar Ray @ Visheshwar Ray @ vishesar Rai R/o village- Diwan toke, PS- Gangabridge, District- Vaishali ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Bela Singh For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur ====================================================== 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), 30(c) of Bihar Prohibition and Excise Act. 3. Learned counsel for the petitioner submits that petitioner has antecedent of five cases under the Excise Act and allegation is of recovery of 600 litres of liquor from bank of Ganga river along with 6000 litres of fermented Jawa Mahua which was destroyed. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner and is accessible to villagers at large and he came to be implicated at the instance Patna High Court CR. MISC. No.12087 of 2026(2) dt.15-04-2026 2/3 of chowkidar with whom he is on an inimical term. 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 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 petitioner. 5. Considering the submissions made by the learned counsel for the petitioner, 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.25,000/- (Rupees twenty 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 Ganga Bridge P.S. Case No.173/2025, 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.12087 of 2026(2) dt.15-04-2026 3/3 shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of more than five cases, in that event, it would be presumed that petitioner had concealed his antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed but if on verification it is found that petitioner has antecedent of five cases, in that event the provisional anticipatory bail order shall be confirmed forthwith. amit/- (Satyavrat Verma, J) U T