Nirmal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79009 of 2025 Arising Out of PS. Case No.-249 Year-2025 Thana- AMAS District- Gaya ====================================================== 1.

Nirmal Kumar S/O Satyanarayan Chauhan R/O Village- Rediya, P.O.- Kapasiya, P.S.- Aurangabad Muffasil, District- Aurangabad (Bihar) 2.

Chandan Kumar S/O Shivpujan Prasad R/O Village- Rediya, P.O.- Kapasiya, P.S.- Aurangabad Muffasil, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uma Kant Mishra, Adv.

For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-12-2025

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 310 liters of liquor from a Maruti Suzuki car along with two motorcycles.

4. Learned counsel for the petitioners submits that petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession and they came to

Patna High Court CR. MISC. No.79009 of 2025(2) dt.08-12-2025 2/3 be implicated based on the fact that they are owners of the respective seized vehicles. It is next submitted that no prudent person would use their own vehicle for committing an occurrence and thus would create evidence against themselves and hence would get implicated, it is further submitted that petitioners were completely unaware that their friends would misuse the vehicle in the manner as alleged.

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 petitioners 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 Amas P.S. Case No. 249 of 2025 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

Patna High Court CR. MISC. No.79009 of 2025(2) dt.08-12-2025 3/3 antecedent of more than 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 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