IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26349 of 2026 Arising Out of PS. Case No.-396 Year-2025 Thana- PIPRA District- Supaul ====================================================== 1. Bhutay Yadav @ Rajendra Yadav @ Bhutaya Yadav S/o Late Shivnandan Yadav R/o Village- Sakhua, P.S- Pipra, Dist- Supaul. 2. Chandan Kumar @ Chandan Yadav S/o Bhutay Yadav @ Rajendra Yadav @ Bhutaya Yadav R/o Village- Sakhua, P.S- Pipra, Dist- Supau. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Arun . For the Opposite Party/s : Ms.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 22-04-2026 1. Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 30(a) of the Excise Act. 3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the allegation is of recovery of 210 litres of liquor along with other article as detailed in the FIR from a place near bank of Tilave river. 4. The learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was Patna High Court CR. MISC. No.26349 of 2026(2) dt.22-04-2026 2/3 recovered from their conscious possession and even alleged recovery is from a place, which does not belong to the petitioner and is accessible to public at large and he came to be implicated at the instance of Chaukidar with whom he is on an inimical term. It is further submitted that if Chaukidar was aware of the involvement of the petitioners in the occurrence, then why he did not inform the police prior to institution of the present F.I.R., which casts an aspersion on the case of the prosecution, when admittedly petitioners are persons with clean antecedent. 5. Learned A.P.P. opposes the anticipatory bail application. 6. 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, is directed to be released on provisional anticipatory bail on their furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) 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 S.T. No.1204 of 2025 arising out of Pipra P. S. Case No.396 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C. Patna High Court CR. MISC. No.26349 of 2026(2) dt.22-04-2026 3/3 7. The application stands allowed. 8. It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioners shall verify the criminal antecedent of the petitioners and in the event, if it is found that petitioners have antecedent of even one case, then it would be presumed that petitioners for the purposes of obtaining anticipatory bail had concealed their 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 petitioners are persons with clean antecedent, in that event, the provisional anticipatory bail order shall be confirmed forthwith. vikash/- (Satyavrat Verma, J) U T