IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13055 of 2026 Arising Out of PS. Case No.-211 Year-2022 Thana- CHAUTHAM District- Khagaria ====================================================== Parmeshwar Mandal @ Rahul Kumar S/o Binod Mandal R/o - Ramji Khani, P.O and P.S - Dumka, District - Dhanbad ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kuldeep Thakur, Advocate For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 10-03-2026 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 Section 420 of the Indian Penal Code as well as Sections 30(a), 32(1)(ii) and 41(1) (ii) of the Bihar Prohibition and Excise (Amendment) Act, 2022. 3. Learned counsel for the petitioner submits that petitioner has antecedent of four cases and allegation is of recovery of 177.20 litres of liquor from a Scorpio. 4. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that petitioner is not the owner of the seized vehicle and came to be implicated based on the confessional statement of apprehended accused in police custody which does not have any Patna High Court CR. MISC. No.13055 of 2026(2) dt.10-03-2026 2/3 evidentiary value in the eye of law. It is next submitted that off late the police in a mechanical manner implicate accused in cases relating to excise who carry antecedent. 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, 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.20,000/- (Rupees Twenty 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 Chautham P.S. Case No. 211 of 2022, 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. 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 four cases, 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 Patna High Court CR. MISC. No.13055 of 2026(2) dt.10-03-2026 3/3 petitioner has antecedent of only four cases in that event the provisional anticipatory bail order shall be confirmed forthwith. Kundan/- (Satyavrat Verma, J) U T