Bikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46474 of 2026 Arising Out of PS. Case No.-172 Year-2026 Thana- JAGDISHPUR District- Bhojpur ====================================================== 1.
Bikash Kumar son of Ramesh Singh @ Ramesh Kumar Singh Resident of Village- Nayaka tola, P.S. Jagdishpur, District -Bhojpur at Ara 2.
Munna Kumar Son of Late Ram Kumar Singh Resident of Village- Nayaka tola, P.S. Jagdishpur, District -Bhojpur at Ara ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh For the Opposite Party/s :
Mr. Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-07-2026
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 offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that petitioner no.1 has antecedent of one case under the Excise Act and petitioner no.2 is a person with clean antecedent and allegation is of recovery of 1.620 litres of liquor from a motorcycle.
4. Learned counsel for the petitioners submits that petitioners were not arrested from the spot as such nothing was
Patna High Court CR. MISC. No.46474 of 2026(2) dt.15-07-2026 2/3 recovered from their conscious possession and petitioner no.2 came to be implicated based on the fact that he is owner of the seized vehicle and the name of petitioner no.2 transpired based on secret information which is the easiest way to implicate someone, without holding a proper investigation. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated and petitioner no.2 was completely unaware that his friend would misuse his vehicle in the manner as alleged, who also fled from the spot.
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.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 Jagdishpur P.S. Case No.172 of 2026, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.
Patna High Court CR. MISC. No.46474 of 2026(2) dt.15-07-2026 3/3
7. It is made clear that thereafter the learned trial court thereafter shall verify the criminal antecedents 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, in that event, it would be presumed that petitioners had concealed their antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed with respect to those petitioners whose criminal antecedent does not tally but if after verification the criminal antecedent as recorded hereinabove tallies with the petitioners in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) amit/- U T