IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3058 of 2026 Arising Out of PS. Case No.-81 Year-2025 Thana- EXCISE MANJHAUL District- Begusarai ====================================================== Jitendra Kumar S/O Late Suresh Thakur R/O Vill - Sakruli, P.S - Cheriabaariyarpur,Dist- Begusarai. ... ... Petitioner/s Versus The State of Bihar through Inspector of Excise Begusarai patna bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pritish Kumar Lal, Advocate For the Opposite Party/s : Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 28-01-2026 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), 32(3) and 30(c) of the Bihar Excise Act. 3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 70 liters of liquor from a motorcycle and from a place near a bamboo orchard near the house of Pankaj Paswan along with 300 liters of fermented Jawa Mahua solution which was destroyed at the spot. 4. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and even alleged Patna High Court CR. MISC. No.3058 of 2026(2) dt.28-01-2026 2/3 recovery is from a place which does not belong to the petitioner and petitioner has no concern with Pankaj and he came to be implicated based on the fact that he is owner of the seized vehicle. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated, it is also submitted that petitioner was completely unaware that his friend would misuse the vehicle in the manner as alleged. 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. 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 Excise Manjhaul P.S. Case No. 81 of 2025 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.3058 of 2026(2) dt.28-01-2026 3/3 in the event if it is found that petitioner has antecedent of even one case 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 is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith. 8. At this stage, the learned counsel for the petitioner, based on instruction, undertakes to deposit an amount of Rs. 1500/- with Advocates’ Association, Patna High Court. Rishabh/- (Satyavrat Verma, J) U T