Nandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.853 of 2026 Arising Out of PS. Case No.-361 Year-2025 Thana- DORIGANJ District- Saran ====================================================== 1.

Nandan Kumar S/O Ashok Choudhary Resident of Village- Bhairopur, Nizamat, Police Station- Doriganj, District- Saran. 2.

Chandan Kumar S/O Ashok Choudhary Resident of Village- Bhairopur, Nizamat, Police Station- Doriganj, District- Saran. 3.

Lal Mohan Chaudhary S/O Ram Nath Chaudhary Resident of VillageBhairopur, Nizamat, Police Station- Doriganj, District- Saran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Mili Kumari For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-01-2026 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3.

Learned counsel for the petitioners submits that petitioner nos. 1 and 3 are person with clean antecedent and petitioner no. 2 has antecedent of one case and allegation is of recovery of 60 litres of liquor from a vacant land situated near the house of petitioner no. 2 and 22.5 litres of liquor from a place behind the hut of Rajan Kumar.

Patna High Court CR. MISC. No.853 of 2026(2) dt.19-01-2026 2/3 4.

Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and even the alleged recovery is from a place which does not belong to the petitioners and they came to be implicated at the instance of local people, but then the name of the person, who disclosed the name of the petitioner is not disclosed in the FIR, which casts an aspersion on the case of the prosecution.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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. 5,000/- (Rupees Five Thousand) each 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 Doriganj P.S. Case No. 361 of 2025, subject to the conditions as laid down under Section Section 482(2) of the BNSS. 7.

It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioners and in the event if it is found that petitioner nos. 1 and 3 have antecedent of

Patna High Court CR. MISC. No.853 of 2026(2) dt.19-01-2026 3/3 even one case and petitioner no. 2 has antecedent of more than one case then it would be presumed that petitioners, for the purposes of seeking anticipatory bail, had concealed their antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed with respect to that petitioner who had concealed his criminal antecedent before this Court, but after verification if it is found that petitioner nos. 1 and 3 are person with clean antecedent and petitioner no. 2 has antecedent of one case in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) Sumit/- U T