Anuj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29980 of 2026 Arising Out of PS. Case No.-92 Year-2026 Thana- CHAKIA District- East Champaran ====================================================== 1.

Anuj Kumar S/o Surendra Paswan R/o Village - Hindu Chakia, P.S - Chakia, District - East Champaran 2.

Raja Kumar S/o Rambabu Mahto R/o Village - Hindu Chakia, P.S - Chakia, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suraj Kumar Tiwari For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-05-2026 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 the petitioners are persons with clean antecedent but at para-5 of the order impugned, it is wrongly recorded that petitioners have antecedent of one case. It is next submitted that allegation is of recovery of 294.52 litres of liquor from a hut near the house of Niraj.

4.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.29980 of 2026(2) dt.06-05-2026 2/3 petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and even the alleged recovery is from a hut which does not belong to the petitioners but then they came to be implicated based on confessional statement of Neeraj in police custody which does not have any evidentiary value. It is next submitted that after amendment in the Excise Act in the year 2018, the concept of deemed possession and presumed offender has been done away with. 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 within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) each 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 Chakia P.S. Case No. 92 of 2026, subject to the conditions as laid down under Section 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 petitioners have antecedent of even one

Patna High Court CR. MISC. No.29980 of 2026(2) dt.06-05-2026 3/3 case 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 that petitioner who had concealed his criminal antecedent before this Court, but after verification if it is found that petitioners are person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) Sumit/- U T