Ashish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44315 of 2026 Arising Out of PS. Case No.-157 Year-2026 Thana- MIRGANJ District- Gopalganj ====================================================== 1.
Ashish Kumar Son of Satan Sah @ Shadan Shah Resident of - Ward No. 18, Mirganj Keshari Mohalla, P.S.- Mirganj, District - Gopalganj. 2.
Sahib Kumar @ Saheb Kumar @ Atish Kumar Son of Ramjeet Prasad Resident of - Ward No. 18, Mirganj Keshari Mohalla, P.S.- Mirganj, District - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailendra Kumar Dwivedi For the Opposite Party/s :
Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-07-2026
1. Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 317(5) of the B.N.S. and Section 30(a) of the Excise Act.
3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the allegation is of recovery of 7.38 litres of liquor from a motorcycle and 18.56 litres of liquor from another motorcycle.
4. The learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was
Patna High Court CR. MISC. No.44315 of 2026(2) dt.07-07-2026 2/3 recovered from their conscious possession and are not the owner of any of the seized motorcycles and he came to be implicated at the instance of local person, but the name of the person, who disclosed the name of the petitioner is not disclosed in the F.I.R., which casts an aspersion on the case of the prosecution, when petitioners have not been implicated based on secret information and are persons with clean antecedent. It is further submitted that the apprehended accused also has not named the petitioners.
5. Learned A.P.P. opposes the anticipatory bail application.
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 Court below within a period of six weeks, is directed to be released on provisional anticipatory bail on their furnishing bail-bonds in the sum 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 Mirganj P. S. Case No.157 of 2026, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
Patna High Court CR. MISC. No.44315 of 2026(2) dt.07-07-2026 3/3 accepting the provisional bail bonds of the petitioners shall verify the criminal antecedent of the petitioners and in the event, if it is found that petitioners have antecedent of even one case, then it would be presumed that petitioners for the purposes of obtaining anticipatory bail had concealed their antecedent before this Court, in that event, the present provisional anticipatory bail order shall not be confirmed, but if on verification, it is found that petitioners are persons with clean antecedent, in that event, the provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J) vikash/- U T