Jaiki Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75723 of 2025 Arising Out of PS. Case No.-392 Year-2025 Thana- GARDANIBAG District- Patna ====================================================== 1.
Jaiki Kumar, S/O Jaypal Ram @ Jaipal Ram @ Gopal Ram Resident of village- Yarpur, Domkhana, P.S.- Gardanibagh, Dist.- Patna 2.
Vikki Kumar, S/O Jaypal Ram @ Jaipal Ram @ Gopal Ram Resident of village- Yarpur, Domkhana, P.S.- Gardanibagh, Dist.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Aryan Singh For the Opposite Party/s :
Ms.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-11-2025
1. Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 30(a) of the Excise Act.
3. The learned counsel for the petitioners submits that the petitioners have antecedent of one case and the allegation is of recovery of 65 litres of liquor from a thatched hut.
4. The learned counsel for the petitioners submits that petitioners were not arrested 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.75723 of 2025(2) dt.17-11-2025 2/3 petitioners, but then, they came to be implicated at the instance of local person. It is next submitted that police in majority of cases implicating innocent persons either at the behest of Chaukidar, local person, secret information and confessional statement in a mechanical manner without holding proper investigation.
5. Learned A.P.P. opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on provisional anticipatory bail on their furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) 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 Gardanibagh P. S. Case No.392 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.S.
7. The application stands allowed.
8. It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioners shall
Patna High Court CR. MISC. No.75723 of 2025(2) dt.17-11-2025 3/3 verify the criminal antecedent of the petitioners and in the event, if it is found that petitioners have antecedent of more than one case, then it would be presumed that petitioners for the purposes of obtaining anticipatory bail had concealed their 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 petitioners have antecedent of one case only, in that event, the provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J) vikash/- U T