IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57761 of 2026 Arising Out of PS. Case No.-134 Year-2026 Thana- BARHIYA District- Lakhisarai ====================================================== Shiv Shankar Kumar @ Shiv Kumar Son of Sri Ram Uchit Singh Resident of Village- Maldiyartola, Ward No. 12, P.S.- Mokama, District- Patna. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Kumar Manglam For the Opposite Party/s : Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 19-08-2026 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) and 45 of the Bihar Excise Act. 3. Learned counsel for the petitioner submits that the petitioner has antecedent of three cases out of which two cases are under the Excise Act as would manifest from supplementary affidavit and allegation is of recovery of 2.250 litres of liquor from a place near a railway bridge. 4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not named in the FIR and even the alleged recovery is from a place which does Patna High Court CR. MISC. No.57761 of 2026(2) dt.19-08-2026 2/3 not belong to the petitioner and is accessible to public at large and he came to be implicated based on confessional statement of Gauri Shankar in police custody which does not have any evidentiary value. It is further submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either at the instance of Chowkidar, local person, confessional statement or secret information without holding a proper investigation. 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 for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen 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 Barahiya P.S. Case No. 134 of 2026, subject to the conditions as laid down under Section 482(2) of the BNSS. 7. It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and Patna High Court CR. MISC. No.57761 of 2026(2) dt.19-08-2026 3/3 in the event if it is found that petitioner has antecedent of more than three cases then it would be presumed that petitioner, for the purposes of seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner has antecedent of three cases in that event the provisional anticipatory bail bonds shall be confirmed forthwith. Sumit/- (Satyavrat Verma, J) U T