Petitioner sought anticipatory bail apprehending arrest in an excise case over alleged recovery of 128 litres of liquor from a motorcycle he owned, claiming he was not arrested from the spot. The court granted provisional anticipatory bail subject to verification of criminal antecedents.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13463 of 2026
Arising Out of PS. Case No.-494 Year-2025 Thana- AKBARPUR District- Nawada
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Mithun Kumar S/o- Late Chethu Musahar @ Chetu Mushar @ Chetu Manjhi R/v- Nandiha, PS- Rajauli, Dist- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Bipin Kumar For the Opposite Party/s : Mr.Kumar Ranjit Ranjan ======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
2 10-03-2026
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 is a person with clean antecedent and allegation is of recovery of 128 litres of liquor from a motorcycle.
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 he came to be implicated based on the fact that he is owner of the seized vehicle. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.13463 of 2026(2) dt.10-03-2026 2/3
create evidence against himself and hence would get implicated, it is further submitted that petitioner was completely unaware that Ratan would misuse the vehicle in the manner as alleged, who was also apprehended from the spot.
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 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 Akbarpur P.S. Case No. 494 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 even one case 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
Patna High Court CR. MISC. No.13463 of 2026(2) dt.10-03-2026 3/3
verification if it is found that petitioner is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
1 issue framed by the court
Whether the petitioner apprehending arrest for liquor recovery under Section 30(a) Bihar Excise Act should be granted provisional anticipatory bail on claims of clean antecedents and no conscious poss
2 provisions across 2 enactments
Mithun Kumar
The State of Bihar
Satyavrat Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
