Sikinder Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56732 of 2025 Arising Out of PS. Case No.-264 Year-2025 Thana- PAKRIDAYAL District- East Champaran ====================================================== Sikinder Mahto S/o Late Hari narayan Mahto R/o Vill . - Pakridayal, P.S. - Pakridayal, Dist. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Rathore Alias Kundan Kumar For the Opposite Party/s :

Mr. Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-01-2026

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 offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and allegation is of recovery of 50 litres of liquor from Meat Shop of the petitioner. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession. It is also submitted that though it is alleged that liquor was recovered from the meat shop but then the shop is an open shop where public comes for purchasing meat. It is next submitted that no prudent person would use his own premise for

Patna High Court CR. MISC. No.56732 of 2025(3) dt.05-01-2026 2/3 committing an occurrence and thus would create evidence against himself and hence would get implicated. It is also submitted that it appears that some buyers who had come to purchase meat might have kept the liquor near the open shop of the petitioner and the police in a mechanical manner without holding a proper investigation implicated.

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

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 from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.5000/- (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 Pakaridayal P.S. Case No.264/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

6. It is made clear that the learned trial court thereafter shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of more than one case, in that event, it would be presumed that petitioner had

Patna High Court CR. MISC. No.56732 of 2025(3) dt.05-01-2026 3/3 concealed his antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed but if on verification it is found that petitioner has antecedent of one case, in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) amit/- U T