Sachit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23398 of 2026 Arising Out of PS. Case No.-343 Year-2024 Thana- NAUTAN District- West Champaran ====================================================== Sachit Kumar S/o Bandhu Yadav @ Banhu Yadav R/o Village- South Telhua, Ward No. 04, P.S- Nautan, Dist- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sachida Nand Rai, Advocate For the Opposite Party/s :
Ms. Veena Kumari Jaiswal, 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 offences punishable under Sections 30(a) and 41(1) 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 5.760 litres of liquor from a motorcycle and 9 litres of liquor from the house of Rupesh Yadav.
4. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that petitioner is neither the owner of the seized vehicle nor has
Patna High Court CR. MISC. No.23398 of 2026(2) dt.09-04-2026 2/3 any concern or relation with Ramesh Yadav. It is next submitted that petitioner came to be implicated based on the secret information which the easiest way to implicate someone without holding the proper investigation of the case.
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 Nautan P.S. Case No. 343 of 2024, 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
Patna High Court CR. MISC. No.23398 of 2026(2) dt.09-04-2026 3/3 shall not be confirmed but if it is found on verification that petitioner has antecedent of only one case in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Kundan/- U T