IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21174 of 2026 Arising Out of PS. Case No.-448 Year-2025 Thana- RAJAPAKAR District- Vaishali ====================================================== Pappu Kumar Son of Late Gaya Rai Resident Of Village- Bakhari Baree, Ward No 7, Ps -Rajapakar, Dist -Vaishali ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Shivjee Singh For the Opposite Party/s : Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 01-04-2026 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 offences punishable under Section 30(a) of the Bihar Excise Act. 3. Learned counsel for the petitioner submits that the petitioner has antecedent of two cases under the Excise Act and allegation is of recovery of 432 litres of liquor from the poultry farm of the petitioner and from a place near a canal along with 45 litres of liquor from the house of the petitioner and one motorcycle was seized. 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 is not the owner of Patna High Court CR. MISC. No.21174 of 2026(2) dt.01-04-2026 2/3 the seized motorcycle and the house in question is a joint family property as such it cannot be alleged with certainty that it was petitioner who had kept the liquor in the house or the liquor kept in the house was within knowledge of the petitioner. It is next submitted that though it is alleged that 432 litres of liquor was recovered from the poultry farm of the petitioner, but the same was seized from a place adjacent to the poultry farm and since petitioner has antecedent under the Excise Act as such he came to be implicated and police in order to implicate the petitioner got his name confessed from the apprehended accused Khusboo Kumari (wife of the petitioner) and Raushan Kumar (brother of the petitioner). 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. 10,000/- (Rupees Ten 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 Rajapakar P.S. Case No. 448 of 2025 subject to the conditions as laid down under Patna High Court CR. MISC. No.21174 of 2026(2) dt.01-04-2026 3/3 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 two 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 two cases in that event the provisional anticipatory bail order shall be confirmed forthwith. Sumit/- (Satyavrat Verma, J) U T