Abhishek Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49372 of 2025 Arising Out of PS. Case No.-202 Year-2025 Thana- Daudnagar Excise District- Aurangabad ====================================================== Abhishek Raj S/o Sushil Singh @ Sushil Yadav R/o Village- Keyal, P.S.- Karpi, District- Arwal. At present R/o Ward No. 1 backside of V-Mart, Bhakharuwa, P.S.- Daudnagar, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Singh For the Opposite Party/s :

Ms.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-08-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 36 litres of liquor from cowshed of maternal uncle of the petitioner.

4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner

Patna High Court CR. MISC. No.49372 of 2025(2) dt.11-08-2025 2/3 and he came to be implicated in the instant case only because of his antecedent. It is also submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 trial court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) 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 Daudnagar P.S. Case No. 202 of 2025, 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 petitioner and in the event if it is found that petitioner has antecedent of more than one case then it would be presumed that petitioner, for the purposes of seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional

Patna High Court CR. MISC. No.49372 of 2025(2) dt.11-08-2025 3/3 anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner has antecedent of one case only in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) Sumit/- U T