IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57804 of 2026 Arising Out of PS. Case No.-665 Year-2025 Thana- PAHARPUR District- East Champaran ====================================================== NATHU MAHTO Son of Late Saruf Mahto Resident of Village- Siswa Nuniyawa Tola, P.S.- Paharpur, District- East Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Kumari Akanksha Rai, Advocate Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 19-08-2026 1. Heard Ms. Kumari Akanksha Rai, 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 is a person with clean antecedent and allegation is of recovery of 36 litres of liquor from the straw house of the petitioner. 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 straw house is a place out side the house and, thus, is accessible to villagers at large. It is further submitted that no prudent person would use Patna High Court CR. MISC. No.57804 of 2026(2) dt.19-08-2026 2/3 his own premise for committing an occurrence and, thus, would create evidence against himself and, hence, would get implicated. It is next submitted that it appears that someone inimical to the family concealed the meager amount of liquor with an intent to implicate the petitioner and his family members. It is also submitted that petitioner came to be implicated at the instance of the Chawkidar with whom he is on an inimical term. It is lastly submitted that if the Chawkidar was aware of the involvement of the petitioner in the occurrence then why he did not inform the police prior to the institution of the instant FIR which casts an aspersion on the case of the prosecution. 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.500/- (Rupees Five Hundred) 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 Paharpur P.S. Case Patna High Court CR. MISC. No.57804 of 2026(2) dt.19-08-2026 3/3 No. 665 of 2025, 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 even 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 shall not be confirmed but if it is found on verification that petitioner is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith. Kundan/- (Satyavrat Verma, J) U T