Rajan Kumar @ Ranjan Lal Dev v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88971 of 2025 Arising Out of PS. Case No.-125 Year-2025 Thana- Sonki District- Darbhanga ====================================================== 1.

Rajan Kumar @ Ranjan Lal Dev S/O Late Laxmi Lal Dev R/o VillageSonaki, P.s.- Sonaki, District- Darbhanga, Bihar 2.

Sonu Kumar @ Sonu Roy S/O Gariban Sahni R/o Village- Sonaki, P.s.- Sonaki, District- Darbhanga, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Kumar Singh, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-01-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2022.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and allegation is of recovery of 12.6 litres of liquor from an orchard. It is next submitted that petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession and are not the owner of the orchard and they came to be implicated at the instance of local person but the name of the

Patna High Court CR. MISC. No.88971 of 2025(2) dt.05-01-2026 2/3 person who disclosed the name of the petitioners is not disclosed in the FIR which casts an aspersion on the case of the prosecution when petitioners admittedly are persons with clean antecedent.

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

5. 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, are directed to be released on provisional anticipatory bail on their furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) each with two sureties of the like amount each to the satisfaction of the learned Special Excise Court-I, Darbhanga (Bihar) in connection with Sonaki P.S. Case No.125 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.S.

6. The application stands allowed.

7. It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioners shall verify the criminal antecedent of the petitioners and in the event, if it is found that petitioners have antecedent of even one case, then it would be presumed that petitioners for the purposes of

Patna High Court CR. MISC. No.88971 of 2025(2) dt.05-01-2026 3/3 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 are persons with clean antecedent, in that event, the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) Sanjay/- U T