IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26711 of 2026 Arising Out of PS. Case No.-48 Year-2026 Thana- MALI District- Aurangabad ====================================================== Kundan Kumar Son of Mahendra Saw R/O Village- Pandey Karma, P.S.- Mali, District- Aurangabad ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Mukul Kumari, Advocate For the Opposite Party/s : Mr. Brajendra Nath Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 23-04-2026 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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. 3. Learned counsel for the petitioner submits that petitioner has antecedent of one case under the Excise Act and allegation is of recovery of 6.6 litres of liquor from a place beside the expressway situated at Bharat Mala Project. 4. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even the alleged recovery is from a place which does not belong to the petitioner and is accessible to villagers at large. It is further submitted that petitioner came to be implicated at the instance of the local Patna High Court CR. MISC. No.26711 of 2026(2) dt.23-04-2026 2/3 person but then the name of the person who disclosed the name of the petitioner is not disclosed in the FIR which casts an aspersion on the case of the prosecution, when petitioner has not been implicated based on the secret information. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. 6. Considering the submissions made by the learned counsel appearing on behalf of the petitioner, let 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.5,000/- (Rupees 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 Mali P.S. Case No. 48 of 2026, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S. 7. However, it is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of more than one case, it would be presumed that petitioner had concealed his antecedent before this Court at para 3 of the anticipatory bail application in that event the provisional anticipatory bail order Patna High Court CR. MISC. No.26711 of 2026(2) dt.23-04-2026 3/3 shall not be confirmed but if it is found on verification that petitioner has antecedent of only one case in that event the provisional anticipatory bail order shall be confirmed forthwith. Kundan/- (Satyavrat Verma, J) U T