IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28342 of 2026 Arising Out of PS. Case No.-356 Year-2026 Thana- Excise P.S. District- Muzaffarpur ====================================================== Rakesh Kumar Son of Ganga Sahni Resident of Village - Narkatiya, P.S.- Rampur Hari, District - Muzaffarpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Nitu Kumari For the Opposite Party/s : Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 29-04-2026 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 offence punishable under Sections 30(a), 32(3) and 33 of Bihar Prohibition and Excise Act. 3. Learned counsel for the petitioner submits that petitioner has antecedent of six cases under the Excise Act and allegation is of recovery of 420 litres of spirit from an open field near a pond at Narkatiya village. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner and is accessible to villagers at large and he came to be implicated based on secret information which is the easiest way Patna High Court CR. MISC. No.28342 of 2026(2) dt.29-04-2026 2/3 to implicate someone. 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. It is further submitted that petitioner in similar manner earlier also came to be implicated in cases relating to excise. 4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. 5. Considering the submissions made by the learned counsel for the petitioner, 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.30,000/- (Rupees thirty 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 Muzaffarpur Excise (Utpad) P.S. Case No.356/2026, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. 6. It is made clear that the learned trial court thereafter shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of more than Patna High Court CR. MISC. No.28342 of 2026(2) dt.29-04-2026 3/3 six cases, in that event, it would be presumed that petitioner had concealed his antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed but if on verification it is found that petitioner has antecedent of six cases, in that event the provisional anticipatory bail order shall be confirmed forthwith. amit/- (Satyavrat Verma, J) U T