Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78204 of 2025 Arising Out of PS. Case No.-562 Year-2025 Thana- BIKRAMGANJ District- Rohtas ====================================================== Prince Kumar S/o Akshay Kumar Singh R/o vill - Dharupur, P.S.- Bikramganj, Distt. - Bikramganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-12-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 126(2),115(2),109,262,263,132, 3(5) of the B.N.S. and Sections 30(a),45 of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 1.26 litres of liquor from Ravi Kumar and petitioner.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even alleged seizure was not from Ravi who has been granted the privilege of anticipatory bail in Cr. Misc. No.75350 of 2025. It is next

Patna High Court CR. MISC. No.78204 of 2025(2) dt.02-12-2025 2/3 submitted that petitioner came to be implicated based on secret information, which is the easiest way to implicate someone. It is further submitted that though it is alleged that liquor was recovered from the petitioner, but then, petitioner was not apprehended from the spot like Ravi Kumar.

5. Learned A.P.P. opposes the anticipatory bail application.

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 Court below within a period of six weeks, is directed to be released on provisional anticipatory bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten 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 Bikramganj P. S. Case No.562 of 2025, subject to the conditions laid down under Section 482(2) of the BNSS.

7. The application stands allowed.

8. It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than two cases,

Patna High Court CR. MISC. No.78204 of 2025(2) dt.02-12-2025 3/3 then it would be presumed that petitioner for the purposes of obtaining anticipatory bail had concealed his 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 petitioner has antecedent of two cases only, in that event, the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) vikash/- U T