Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50524 of 2026 Arising Out of PS. Case No.-1359 Year-2024 Thana- Excise P.S. District- Jamui ====================================================== Vijay Kumar Son Of Nandlal Mandal Resident Of Village- Lakhanpur, PSJamui, Dist- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar For the Opposite Party/s :

Ms. Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-07-2026

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

2. The petitioner seeks bail in anticipation of his arrest in Jamui P. S. Case No.1359 of 2024 registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned A.P.P., at the outset, submits that from perusal of Annexure-1, it would manifest that petitioner had earlier moved this Court seeking anticipatory bail by filing Cr. Misc. No.22054 of 2026, the Court after hearing the learned counsel for the parties was pleased to grant privilege of provisional anticipatory bail application by an order dated 07.04.2026 with a direction to the learned

Patna High Court CR. MISC. No.50524 of 2026(2) dt.24-07-2026 2/3 Trial Court to verify the criminal antecedent of the petitioner thereafter and if it was found that petitioner had antecedent of even one case, in that event, the provisional anticipatory bail order shall not be given effect to, but if petitioner is a person with clean antecedent, in that event, the provisional anticipatory bail was to be confirmed forthwith.

4. It is next submitted that it appears that petitioner did not surrender within the time stipulated in the order dated 07.04.2026 in Cr Misc. No.22054 of 2026, nor filed a modification application seeking extension of time being aware of the consistent view of the Court that if the accused has not surrendered within the time stipulated in the order by which the anticipatory bail was granted, the modification application are being dismissed, but then very wisely the petitioner filed the instant second anticipatory bail application.

5. The learned counsel appearing on behalf of the petitioner is not in a position to rebut the submission of the learned A.P.P.

6. Considering the submissions made by the

Patna High Court CR. MISC. No.50524 of 2026(2) dt.24-07-2026 3/3 learned A.P.P., the Court is not inclined to entertain the second anticipatory bail application.

7. The prayer of the petitioner for second anticipatory bail stands rejected.

(Satyavrat Verma, J) vikash/- U T