IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57051 of 2026 Arising Out of PS. Case No.-92 Year-2026 Thana- Raghunathpur District- East Champaran ====================================================== 1. Golu Kumar @ Sikandra Sahni @ Sikandra Kumar @ Golu Son of Umesh Sahani Resident of Village -Sapahi Kodarwaghat @ Sapahi Writiya PS- Raghunathpur District- East Champaran 2. Bittu Kumar @Bittu Sahni Son of Umesh Sahani Resident of Village -Sapahi Kodarwaghat @ Sapahi Writiya PS- Raghunathpur District- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Prasad For the Opposite Party/s : Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 18-08-2026 1. Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act. 3. Learned counsel for the petitioners submits that petitioner no.1 has antecedent of four cases under the Excise Act and petitioner no.2 has antecedent of two cases under the Excise Act and allegation is of recovery of 50 litres of liquor from a motorcycle. 4. Learned counsel for the petitioners submits that petitioners were not arrested from the spot as such nothing was Patna High Court CR. MISC. No.57051 of 2026(2) dt.18-08-2026 2/3 recovered from their conscious possession and are not the owner of any of the seized vehicle and they came to be implicated at the instance of local 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. 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. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners. 6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.20,000/- (Rupees twenty thousand) 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 Raghunathpur P.S. Case No.92/2026, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. 7. It is made clear that thereafter the learned trial court Patna High Court CR. MISC. No.57051 of 2026(2) dt.18-08-2026 3/3 thereafter shall verify the criminal antecedents of the petitioners and in the event if it is found that petitioner no.1 has antecedent of more than four cases and petitioner no.2 has antecedent of more than two cases, in that event, it would be presumed that petitioners had concealed their antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed with respect to those petitioners whose criminal antecedent does not tally but if after verification the criminal antecedent as recorded hereinabove tallies with the petitioners in that event the provisional anticipatory bail order shall be confirmed forthwith. amit/- (Satyavrat Verma, J) U T