Viveka Kumar @ Vivek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10267 of 2026 Arising Out of PS. Case No.-290 Year-2020 Thana- TEGHRHA District- Begusarai ====================================================== 1.
Viveka Kumar @ Vivek Kumar S/o Manoj Choudhary @ Manoj Chaudhary @ Tinku Kunwar R/o Village - Daniyalpur, Gaura - 2, P.S - Teghra, District - Begusarai 2.
Ranjeet Choudhary @ Ranjeet Chaudhary S/o Kamleshwar Choudhary @ Kamleshwar Chaudhary @ Kamwalo Choudhary R/o Village - Daniyalpur, Gaura - 2, P.S - Teghra, District - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sandip Kumar Gautam For the Opposite Party/s :
Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-03-2026
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. Learned counsel for the petitioners at the outset seeks permission to withdraw the anticipatory bail application with respect to petitioner no.1, who was arrested during pendency of the same.
3. Permission is accorded.
4. The petitioner no.2 apprehends his arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2022.
5. Learned counsel submits that petitioner no.2 is a person with clean antecedent and allegation is of recovery of
Patna High Court CR. MISC. No.10267 of 2026(3) dt.16-03-2026 2/3 326.25 litres of liquor from a place inside the drainage. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner and is accessible to public at large and he came to be implicated based on secret information which is the easiest way to implicate someone without holding a proper investigation, when petitioner admittedly is a person with clean antecedent.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7. Considering the submissions made by the learned counsel for the petitioner, the petitioner no.2, 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 Teghra (Teghrha) P.S. Case No.290/2020, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.
8. It is made clear that thereafter the learned trial court thereafter shall verify the criminal antecedent of the petitioner
Patna High Court CR. MISC. No.10267 of 2026(3) dt.16-03-2026 3/3 and in the event if it is found that petitioner no.2 has antecedent of even one case, in that event, it would be presumed that petitioner no.2 had concealed his antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed with but if after verification it is found that petitioner no.2 is a person with clean antecedent, in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) amit/- U T