Tilak Rai @ Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38813 of 2026 Arising Out of PS. Case No.-203 Year-2026 Thana- CHAPRA TOWN District- Saran ====================================================== 1.
Tilak Rai @ Santosh Kumar Son of Shiv Pujan Rai @ Shivpujan Ray Resident of Village- Dahiyawa, Near Umanath Mandir, P.S.- Chapra Town, District- Saran at Chapra.
2.
Videshi Kumar @ Videshi Rai Son of Shambhu Rai Resident of VillageDahiyawa, Near Umanath Mandir, P.S.- Chapra Town, District- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dewendra Narayan Singh For the Opposite Party/s :
Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-06-2026
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 no. 1 has antecedent of one case and petitioner no. 2 is a person with clean antecedent and allegation is of recovery of 250 liters of liquor from four different vehicles.
4. Learned counsel for the petitioners submits that petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession and is not the
Patna High Court CR. MISC. No.38813 of 2026(2) dt.29-06-2026 2/3 owner of any of the seized vehicles and they came to be implicated based on confessional statement of Fayaz in police custody which does not have any evidentiary value.
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. 5000/- (Rupees Five Thousand) 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 Town P.S. Case No. 203 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 petitioners and in the event if it is found that petitioner no. 1 has antecedent of more than one case and petitioner no. 2 has antecedent of even one 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
Patna High Court CR. MISC. No.38813 of 2026(2) dt.29-06-2026 3/3 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 no. 1 has antecedent of only one case and petitioner no. 2 is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J) Rishabh/- U T