IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14813 of 2026 Arising Out of PS. Case No.-658 Year-2022 Thana- DARIYAPUR District- Saran ====================================================== Nitesh Rai S/O Rudal Rai @ Kameshwar Rai R/O Village - Saman Chak, P.S- Dariyapur, Distt- Saran at Chapra ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Udai Shankar Singh For the Opposite Party/s : Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 3 06-04-2026 1. Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act. 3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 50 litres of liquor from a motorcycle. 4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and is not the owner of the seized motorcycle and he came to be implicated at the instance of local person, but the name of the person, who disclosed the name of the petitioner is not disclosed in the F.I.R., Patna High Court CR. MISC. No.14813 of 2026(3) dt.06-04-2026 2/3 which casts an aspersion on the case of the prosecution, when petitioner has not been implicated in the case based on secret information. 5. Learned A.P.P. opposes the anticipatory bail application. 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 Court below within a period of six weeks, is directed to be released on provisional anticipatory bail on his furnishing bail-bonds in the sum of Rs.5,000/- (Rupees Five 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 Dariyapur P. S. Case No.658 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C. 7. The application stands allowed. 8. It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than one case, then it would be presumed that petitioner for the purposes of obtaining anticipatory bail had concealed his antecedent before Patna High Court CR. MISC. No.14813 of 2026(3) dt.06-04-2026 3/3 this Court, in that event, the present provisional anticipatory bail order shall not be confirmed, but if on verification, it is found that petitioner has antecedent of one case only, in that event, the provisional anticipatory bail order shall be confirmed forthwith. vikash/- (Satyavrat Verma, J) U T