Mahendra Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78956 of 2025 Arising Out of PS. Case No.-251 Year-2025 Thana- BHAGWANPUR District- Begusarai ====================================================== Mahendra Rai Son of Late Ram Swarup Rai Resident of Village - Jagdishpur, Police Station - Bhagwanpur, District - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandra Kant, Advocate For the Opposite Party/s :
Mr. Anant Kumar 1, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-12-2025
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 Sections 30(a) and 45 of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 375 ml. of liquor from possession of Nandlal Kumar.
4. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that the informant falsely alleges that petitioner was apprehended but he fled. It is next submitted that it was not possible for the petitioner to have fled from the place of
Patna High Court CR. MISC. No.78956 of 2025(2) dt.04-12-2025 2/3 occurrence had he been apprehended by the police. It is also submitted that petitioner came to be implicated based on the confessional statement of Nandlal Kumar in police custody which does not have any evidentiary value in the eye of law.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, let 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.500/- (Rupees Five Hundred) 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 Bhagwanpur P.S. Case No. 251 of 2025, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. It is made clear that thereafter the learned trial court shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of even one case, it would be presumed that petitioner had concealed his antecedent before this Court at para 3 of the anticipatory bail application in that event the provisional anticipatory bail order shall not be
Patna High Court CR. MISC. No.78956 of 2025(2) dt.04-12-2025 3/3 confirmed but if it is found on verification that petitioner is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Kundan/- U T