IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.84681 of 2025 Arising Out of PS. Case No.-113 Year-2025 Thana- KARTAHA District- Vaishali ====================================================== Amar Singh @ Amarjeet Singh Son of Awdhesh singh R/o vill- Thegadih PS -Kartahan Dist -Vaishali Bihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Deepak Kumar Singh, Advocate For the Opposite Party/s : Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 3 19-01-2026 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), 36 and 41 of the Bihar Excise Act. 3. Learned counsel for the petitioner submits that petitioner has antecedent of three cases under the excise act and allegation is of recovery of 861.5 liters of liquor from dalan of petitioner and 846.87 liters of liquor from asbestos house of Poli Singh. 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 dalan is a place outside the house. It is next submitted that no prudent Patna High Court CR. MISC. No.84681 of 2025(3) dt.19-01-2026 2/3 person would use his own premises for committing an occurrence and thus would create evidence against himself and hence would get implicated. It is also submitted that dalan is also a joint family property, hence it cannot be alleged with certainty that it was petitioner who had kept the liquor in the dalan or the liquor kept in the dalan was in his knowledge. It is further submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either at the instance of 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 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. 15,000/- (Rupees Fifteen 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 Karthan P.S. Case No. 113 of 2025 subject to the conditions as laid down Patna High Court CR. MISC. No.84681 of 2025(3) dt.19-01-2026 3/3 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 in the event if it is found that petitioner has antecedent of more than three cases 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 has antecedent of three case only, in that event the provisional anticipatory bail order shall be confirmed forthwith. Rishabh/- (Satyavrat Verma, J) U T