IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7129 of 2026 Arising Out of PS. Case No.-311 Year-2025 Thana- PIRBAHOR District- Patna ====================================================== Amarjeet @ Chhotu @ Chhotu Kumar @ Amarjeet Aryan S/o- Munna Prasad Sharma Village- Gandhi Chowk Sampatchak PS- Pirbahore Distt- Patna ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Khushi Awadh For the Opposite Party/s : Ms.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 19-02-2026 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 30(a) of the Bihar Excise Act. 3. Learned counsel for the petitioner submits that the petitioner has antecedent of three cases out of which two cases are under the Excise Act and allegation is of recovery of 720 ml of liquor from shop of Ravi. 4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even the alleged recovery is from a shop which does not belong to the petitioner and petitioner has no concern or relation with Ravi and he came Patna High Court CR. MISC. No.7129 of 2026(2) dt.19-02-2026 2/3 to be implicated based on confessional statement of Ravi in police custody which does not have any evidentiary value. 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 Pirbahore P.S. Case No. 311 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 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 Patna High Court CR. MISC. No.7129 of 2026(2) dt.19-02-2026 3/3 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 cases in that event the provisional anticipatory bail order shall be confirmed forthwith. Sumit/- (Satyavrat Verma, J) U T