IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28435 of 2026 Arising Out of PS. Case No.-569 Year-2025 Thana- NAUTAN District- West Champaran ====================================================== 1. Mainejar yadav son of Daroga yadav Resident of village - Nautan Ahir Toli, Ps- Nautan, Dist- West champaran 2. Jaiprakash Kumar son of Sri Mainejar yadav Resident of village - Nautan Ahir Toli, Ps- Nautan, Dist- West champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sharad Kumar Verma For the Opposite Party/s : Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 29-04-2026 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 offences punishable under Section 30(a) of the Bihar Excise Act. 3. Learned counsel for the petitioners submits that the petitioners are person with clean antecedent and allegation is of recovery of 23.940 litres of liquor from a motorcycle. 4. Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and petitioner no. 1 came to be implicated based on the fact that he is owner of the Patna High Court CR. MISC. No.28435 of 2026(2) dt.29-04-2026 2/3 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 further submitted that petitioner no. 1 was completely unaware that his friend would misuse the vehicle in the manner as alleged, who also fled from the spot and petitioner no. 2, being son of petitioner no. 1, also came to be implicated. 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. 500/- (Rupees Five Hundred) 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 Nautan P.S. Case No. 569 of 2025 subject to the conditions as laid down under Section Section 482(2) of the BNSS. 7. It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioners and in the event if it is found that petitioners have antecedent of even one Patna High Court CR. MISC. No.28435 of 2026(2) dt.29-04-2026 3/3 case then it would be presumed that petitioners, for the purposes of seeking anticipatory bail, had concealed their antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed with respect to that petitioner who had concealed his criminal antecedent before this Court, but after verification if it is found that petitioners are person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith. Sumit/- (Satyavrat Verma, J) U T