Amar Rajput @ Amar Kumar Rajput v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23810 of 2026 Arising Out of PS. Case No.-109 Year-2026 Thana- PATLIPUTRA District- Patna ====================================================== Amar Rajput @ Amar Kumar Rajput S/o Lakshman Prasad R/O- Shushila Sadan West Boring Canal Road, South Anandpuri, P.S.- S.K. Puri, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Jiban Pd Singh, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-04-2026

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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case under the Excise Act and allegation is of recovery of 76.3 litres of liquor from the rented room of the petitioner.

4. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even the liquor was recovered from the house in which he had taken a room on rent but then at the instance of the landlord, the petitioner came

Patna High Court CR. MISC. No.23810 of 2026(2) dt.09-04-2026 2/3 to be implicated in a mechanical manner since he had an earlier antecedent under the Excise Act.

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 appearing on behalf of the petitioner, let the petitioner, above-named, 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.5,000/- (Rupees Five 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 Patliputra P.S. Case No. 109 of 2026, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

7. However, it is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of more than one case, it would be presumed that petitioner had concealed his antecedent before this Court at para 3 of the anticipatory bail application in that event the provisional anticipatory bail order shall not be confirmed but if it is found on verification that petitioner has antecedent of only one case in that event the

Patna High Court CR. MISC. No.23810 of 2026(2) dt.09-04-2026 3/3 provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Kundan/- U T