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Patna High CourtCR. MISC./56976/2025disposed

Bunty Kumar @ Bunty Singh v. The State Of Bihar

2026-01-05Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56976 of 2025 Arising Out of PS. Case No.-198 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== Bunty Kumar @ Bunty Singh S/O Pappu Singh R/O Village- Gachhi Tola Malhipur, P.S- Chakiya, BTPS District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandan Kumar Kashyap, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 54 litres of liquor from a cowshed of the petitioner. It is next submitted that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and cowshed is the place outside the house and thus is accessible to villagers at large. It is next submitted that no prudent person would use his own premises for committing an

Patna High Court CR. MISC. No.56976 of 2025(3) dt.05-01-2026 2/3 occurrence and thus, would create evidence against himself and hence, would get implicated. It is also submitted that it appears that someone inimical to the family concealed meager amount of liquor in the cowshed with an intent to implicate the entire family members and the police in a mechanical manner implicated the petitioner along with others.

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

5. 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 Court of Exclusive Special Judge Excise-2nd, Begusarai in connection with Begusarai Excise Case No.198 C2 of 2020, subject to the conditions laid down under Section 482(2) of the B.N.S.S.

6. The application stands allowed.

7. 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

Patna High Court CR. MISC. No.56976 of 2025(3) dt.05-01-2026 3/3 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 petitioner is a person with clean antecedent, in that event, the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Sanjay/- U T