Devgaura Kumar @ Devgaura Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44311 of 2026 Arising Out of PS. Case No.-32 Year-2026 Thana- DESARI District- Vaishali ====================================================== Devgaura Kumar @ Devgaura Kumar Paswan S/o Manoj Paswan R/o - Panapur Raghunath, Ward No. 11, P.S - Desari, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Thakur For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-07-2026

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 303(2), 317(2), 317(4), 336(3), 338 and 3(5) of the B.N.S. and Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 92 litres of liquor from a motorcycle.

4. The learned counsel for the petitioner submits that inadvertently at Para-9, it has been pleaded that petitioner is the owner of the seized motorcycle when he is not the owner of the seized motorcycle and he came to be implicated based on confessional statement of Dharmveer Kumar in police custody

Patna High Court CR. MISC. No.44311 of 2026(2) dt.07-07-2026 2/3 which does not have any evidentiary value.

5. Learned A.P.P. opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on provisional anticipatory bail on his furnishing bail-bonds in the sum 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 Desari (Sahdeai) P. S. Case No.32 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 accepting the provisional bail bonds of the petitioner 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 obtaining anticipatory bail had concealed his 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

Patna High Court CR. MISC. No.44311 of 2026(2) dt.07-07-2026 3/3 petitioner is a person with clean antecedent, in that event, the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) vikash/- U T