Nisar Alam @ Sitare v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51163 of 2026 Arising Out of PS. Case No.-83 Year-2026 Thana- BALIGAON District- Vaishali ====================================================== 1.

Nisar Alam @ Sitare S/o Md Safi Alam R/o Vill- Beladam P.S.- Baligaon, Dist.- Vaishali 2.

Ehatsham Alam @ Ehatesham Alam S/o Md Safi Alam R/o Vill- Beladam P.S.- Baligaon, Dist.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-07-2026 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 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 two cases and petitioner no. 2 is a person with clean antecedent and allegation is of recovery of 810 litres of liquor from a asbestos house adjacent to the house of the petitioners and two vehicles were seized. 4.

Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was

Patna High Court CR. MISC. No.51163 of 2026(2) dt.28-07-2026 2/3 recovered from their conscious possession and even the alleged recovery is from a place which does not belong to the petitioners but then is adjacent to their house and are not the owner of any of the seized vehicles and they came to be implicated based on secret information which is the easiest way to implicate someone without holding a proper investigation. 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. 10,000/- (Rupees Ten 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 Baligaon P.S. Case No. 83 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 two cases and petitioner no. 2 has antecedent of even one case then it would be presumed that petitioners, for the purposes of

Patna High Court CR. MISC. No.51163 of 2026(2) dt.28-07-2026 3/3 seeking anticipatory bail, had concealed their antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed with respect to that petitioner who had concealed his criminal antecedent before this Court, but after verification if it is found that petitioner no. 1 has antecedent of two cases 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) Sumit/- U T