Saroj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19344 of 2026 Arising Out of PS. Case No.-609 Year-2025 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.
Saroj Kumar S/o Late Akshay Yadav R/o Village - Asni, P.S - Udwantnagar, District - Bhojpur 2.
Tuntun Kumar S/o Late Hans Lal Yadav R/o Village - Asni, P.S - Udwantnagar, District - Bhojpur 3.
Pramod Yadav @ Saroj Kumar S/o Sri Baghwan Singh R/o Village - Asni, P.S - Udwantnagar, District - Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Akash Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-03-2026
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 persons with clean antecedent and petitioner no. 2 has antecedent of two cases under the Excise Act and allegation is of recovery of 60 liters of liquor from a paddy field near Banas river.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.19344 of 2026(2) dt.26-03-2026 2/3 petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession and even alleged recovery is from a place which does not belong to the petitioners and is accessible to public at large and they came to be implicated at the instance of local person, but then the name of the person who disclosed the name of the petitioners is not disclosed in the FIR which casts an aspersion on the case of the prosecution, when petitioners have not been implicated based on secret information. It is also submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either at the instance of Chowkidar, local person, confessional statement or secret information without holding a proper investigation.
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. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Trial Court
Patna High Court CR. MISC. No.19344 of 2026(2) dt.26-03-2026 3/3 where the case is pending/successor court in connection with Udwantnagar P.S. Case No. 609 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 petitioners and in the event if it is found that petitioner nos. 1 and 3 have antecedent of even one case and petitioner no. 2 has antecedent of more than two cases 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 the petitioner who had concealed his antecedent, but after verification if it is found that petitioner nos. 1 and 3 are persons with clean antecedent and petitioner no. 2 has antecedent of two cases only, in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Rishabh/- U T