Sunil Patel @ Bhaltu Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70312 of 2025 Arising Out of PS. Case No.-116 Year-2025 Thana- MALAHI District- East Champaran ====================================================== Sunil Patel @ Bhaltu Patel S/o Chhotelal Patel R/O- Khairwa Dhanuk Toli, PS- Malahi, District- East Champaran at Motihari ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashank Shekhar For the Opposite Party/s :
Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-03-2026 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 offences punishable under Section 30(a) of the Bihar Excise Act.
3.
Learned counsel for the petitioner submits that the defect as pointed out by the office stands removed. 4.
Learned counsel for the petitioner next submits that the petitioner has antecedent of one case and allegation is of recovery of 70 litres of liquor from different places as detailed in the FIR.
5.
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 even the alleged
Patna High Court CR. MISC. No.70312 of 2025(6) dt.31-03-2026 2/3 recovery is from a place which does not belong to the petitioner and petitioner has no concern or relation with Prem Ram and he came to be implicated at the instance of local people, but then the name of the person, who disclosed the name of the petitioner is not disclosed in the FIR, which casts an aspersion on the case of the prosecution, when petitioner was not implicated based on secret information. It is further submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either at the instance of Chowkidar, local person, confessional statement or secret information without holding a proper investigation.
6.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7.
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. 5,000/- (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 Malahi P.S. Case No. 116 of 2025, subject to the conditions as laid
Patna High Court CR. MISC. No.70312 of 2025(6) dt.31-03-2026 3/3 down under Section 482(2) of the BNSS.
8.
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 one case 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 verification if 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) Sumit/- U T