Bijendra Kumar Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5545 of 2026

Arising Out of PS. Case No.-774 Year-2025 Thana- GARKHA District- Saran

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Bijendra Kumar Son of Baijnath Ray Resident of village - Dahiyawan Dih, Police Station - Town Thana Chapra, District - Saran at Chapra.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Shrinath Manjhi, Advocate For the Opposite Party/s : Ms. Indu Kumari Srivastava, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 03-02-2026

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Heard learned counsel for the petitioner and learned

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APP for the State.

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Petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016/Amendment Act, 2022.

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Learned counsel for the petitioner submits that petitioner has antecedent of one case and allegation is of recovery of 69.84 litres of liquor from an E-rickshsaw. It is next submitted that 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 seized vehicle. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus, would create evidence against himself and hence, would get

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Patna High Court CR. MISC. No.5545 of 2026(2) dt.03-02-2026 2/3

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implicated. It is also submitted that petitioner was completely unaware that Vijay Kumar would misuse the vehicle in the manner as alleged, who was also apprehended from the spot along with Hritik Kumar.

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Learned A.P.P. opposes the anticipatory bail application.

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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-bond in the sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise-1st, Saran at Chapra in connection with Garkha P.S. Case No.774 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.S.

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The application stands allowed.

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It is made clear that the learned trial Court after accepting the provisional bail bond 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

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Patna High Court CR. MISC. No.5545 of 2026(2) dt.03-02-2026 3/3

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obtaining anticipatory bail had concealed his antecedent before 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 only one case, in that event, the provisional anticipatory bail order shall be confirmed forthwith.

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At this stage, learned counsel for the petitioner, based on instruction, submits that petitioner undertakes to deposit an amount of Rs.2500/- with High Court Legal Services Committee, Patna within a period of two weeks from today.

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(Satyavrat Verma, J)

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Sanjay/-

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U T

Bijendra Kumar v. The State of Bihar

Case brief

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Bijendra Kumar v. The State of Bihar

Case brief

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