Ishwardhari Dinkar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67323 of 2025 Arising Out of PS. Case No.-1043 Year-2018 Thana- BIHTA District- Patna ====================================================== 1.

Ishwardhari Dinkar S/O Surendra Yadav Resident of Village- Katesar (Moudahi), P.S.- Bihta (Moudahi), District- Patna 2.

Bhim Kumar S/O Tejan Rai Resident of Village- Katesar (Moudahi), P.S.- Bihta (Moudahi), District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-01-2026

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and allegation is of recovery of 50 liters of liquor from a bank of Sone river.

4. Learned counsel for the petitioners submits that petitioner were not apprehended from the spot as such nothing was recovered from their conscious possession and even alleged recovery is from a place which does not belong to the

Patna High Court CR. MISC. No.67323 of 2025(3) dt.07-01-2026 2/3 petitioners and is accessible to public at large and they came to be implicated based on confessional statement of Nand Kishor Rai in police custody which does not have any evidentiary value.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioner above-named, in the event of their 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. 500/- (Rupees Five Hundred) each 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 Bihta P.S. Case No. 1043 of 2018 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 petitioners and in the event if it is found that any of the petitioners have antecedent of even one case then it would be presumed that petitioners, for the purposes of seeking anticipatory bail, had concealed their antecedent before this Court, as such, the

Patna High Court CR. MISC. No.67323 of 2025(3) dt.07-01-2026 3/3 provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioners are persons with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) Rishabh/- U T