IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30717 of 2026 Arising Out of PS. Case No.-349 Year-2026 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Santosh Rai Son of Shambhu Rai Resident of Village- Hamidpur, P.S.- Ahiyapur, District- Muzaffarpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Ranjan For the Opposite Party/s : Ms. Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 06-05-2026 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 offence punishable under Sections 30(a), 41 of Bihar Prohibition and Excise (Amendment) Act. 3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 4798.08 litres of liquor from four different vehicles as detailed in the FIR. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of any of the seized vehicles and he came to be implicated at the instance of chowkidar with whom he is on an inimical term. It is also submitted that if chowkidar was aware of the involvement of the Patna High Court CR. MISC. No.30717 of 2026(2) dt.06-05-2026 2/3 petitioner in the occurrence then why he did not inform the police prior to institution of the instant FIR which casts an aspersion on the case of the prosecution, when petitioner admittedly is a person with clean antecedent. 4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. 5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his 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) 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 Ahiyapur P.S. Case No.349/2026, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. 6. It is made clear that the learned trial court thereafter shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of even one case, in that event, it would be presumed that petitioner had concealed his antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed but if on verification it is found that petitioner is a person with clean Patna High Court CR. MISC. No.30717 of 2026(2) dt.06-05-2026 3/3 antecedent, in that event the provisional anticipatory bail order shall be confirmed forthwith. amit/- (Satyavrat Verma, J) U T