Sudhakar Bhardwaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55866 of 2025 Arising Out of PS. Case No.-122 Year-2025 Thana- KAMTAUL District- Darbhanga ====================================================== Sudhakar Bhardwaj S/o Late Mukesh Thakur R/o Village- Brahampur, P.S.- Kamtaul, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-11-2025 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 nine cases and allegation is of recovery of 4523 litres of liquor from a hut and two different vehicles.

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 neither the hut in question belongs to him nor he is owner of the seized vehicles and he came to be implicated based on confessional statement of

Patna High Court CR. MISC. No.55866 of 2025(3) dt.19-11-2025 2/3 Ajit in police custody which does not have any evidentiary value. It is next submitted that since petitioner has antecedent of nine cases hence police gets him implicated in the instant case. 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. 45,000/- (Rupees Forty-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 Kamtaul P.S. Case No. 122 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 nine cases 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 anticipatory bail order shall not be confirmed, but after

Patna High Court CR. MISC. No.55866 of 2025(3) dt.19-11-2025 3/3 verification if it is found that petitioner has antecedent of nine cases in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) Sumit/- U T