Kanhaiya Shah @ Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85549 of 2025 Arising Out of PS. Case No.-84 Year-2025 Thana- Patauna District- Madhubani ====================================================== 1.

Kanhaiya Shah @ Kanhaiya Kumar S/o Lalan Shah @ Lalan Kumar Shah R/o Village - Nahas, P.S - Patauna, District - Madhubani 2.

Mithilesh Choupal S/o Biltu Choupal R/o Village - Nahas, P.S - Patauna, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratnakar Jha For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-01-2026 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 Sections 274, 275 and 3(5) of BNS and Section 30(a) of the Bihar Excise Act. 3.

Learned counsel for the petitioners submits that the petitioners have antecedent of one case and against petitioner no. 2 the said case is under the Excise and allegation is of recovery of 315 litres of liquor from a Scorpio vehicle. 4.

Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and are not owners of

Patna High Court CR. MISC. No.85549 of 2025(3) dt.22-01-2026 2/3 the seized vehicles and they came to be implicated at the instance of Chowkidar but then it is submitted that if the Chowkidar was aware about the involvement of the petitioners in the occurrence, then why he did not inform the police prior to institution of the instant FIR, which casts an aspersion on the case of the prosecution. It is further submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either at the instance of Chowkidar, local person, confessional statement or secret information without holding a proper investigation. 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. 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 Patauna P.S. Case No. 84 of 2025, subject to the conditions as laid down under Section Section 482(2) of the BNSS.

Patna High Court CR. MISC. No.85549 of 2025(3) dt.22-01-2026 3/3 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 petitioners have 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 with respect to that petitioner who had concealed his criminal antecedent before this Court, but after verification if it is found that petitioners have antecedent of one case in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) Sumit/- U T