Sadhu Halwai @ Nishu Halwai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6001 of 2026 Arising Out of PS. Case No.-140 Year-2025 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== SADHU HALWAI @ NISHU HALWAI Son of Antu Halwai R/o village Bhagwanpur, P.S.- Bhagwanpur, District - Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-02-2026 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 three cases and allegation is of recovery of 215.460 litres of liquor from a place near bank of a river along with 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 even the alleged recovery is from a place which does not belong to the petitioner

Patna High Court CR. MISC. No.6001 of 2026(2) dt.03-02-2026 2/3 and is accessible to public at large and petitioner is not the owner of the seized motorcycle and he came to be implicated based on confessional statement of Golu in police custody which does not have any evidentiary value. It is further submitted that of late police has started implicating accused, who carries antecedent other than excise case also. 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. 15,000/- (Rupees Fifteen 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 Bhagwanpur P.S. Case No. 140 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 more than three cases then it would be presumed that petitioner, for the purposes of seeking anticipatory bail, had concealed his antecedent

Patna High Court CR. MISC. No.6001 of 2026(2) dt.03-02-2026 3/3 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 three cases in that event the provisional anticipatory bail order shall be confirmed forthwith. 8.

At this stage, the learned counsel for the petitioner based on instruction submits that petitioner undertakes to deposit an amount of Rs. 5,000/- with Lawyers' Association, Patna High Court within a period of two weeks from today. (Satyavrat Verma, J) Sumit/- U T