Avinash Kumar @ Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26542 of 2026 Arising Out of PS. Case No.-88 Year-2026 Thana- PATLIPUTRA District- Patna ====================================================== Avinash Kumar @ Rajesh Kumar S/o Sunil Dutt R/o Village - Near Kabristan, Nasirganj, Digha, P.O - Digha, PS - Digha, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Kumar For the Opposite Party/s :
Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-04-2026 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 37 of the Bihar Excise Act.
3.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 590 ml of liquor from two different rooms of Welcome Hotel along with some empty bottles.
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 he came to be implicated based on the fact that he is owner of the Hotel from where the alleged recovery is made. It is next submitted that
Patna High Court CR. MISC. No.26542 of 2026(2) dt.22-04-2026 2/3 hotel is a place where guests come in large number and it is not possible for the owner of the hotel to be vigilant all the time, but then the police in a mechanical manner investigates and implicates. It is further submitted that no prudent businessman would use his own premises for committing an occurrence and thus would create evidence against himself and hence would get implicated and at the same time shall bring disrepute to his business.
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 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 Patliputra P.S. Case No. 88 of 2026 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 even one case then it would be presumed that petitioner, for the purposes of
Patna High Court CR. MISC. No.26542 of 2026(2) dt.22-04-2026 3/3 seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Sumit/- U T