Indrajit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.105 of 2026 Arising Out of PS. Case No.-218 Year-2025 Thana- KISHANPUR District- Supaul ====================================================== 1.
Indrajit Kumar Son of Dinesh Yadav Resident of Village- Khakhai Ward No. 1, P.S.- Kishanpur, District- Supaul 2.
Pradeep Kumar @ Pradip Kumar son of Ravindra Yadav Resident of Village- Khakhai Ward No. 1, P.S.- Kishanpur, District- Supaul 3.
Nitish Kumar son of Ashok yadav Resident of Village- Khakhai Ward No. 1, P.S.- Kishanpur, District- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kamal Kishore Singh For the Opposite Party/s :
Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-01-2026
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 offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and allegation is of recovery of 99 litres of liquor from a place near the field of Ramvilash Yadav. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and even the alleged recovery is from a
Patna High Court CR. MISC. No.105 of 2026(2) dt.13-01-2026 2/3 place which does not belong to the petitioners and they came to be implicated at the instance of local person but then the name of local person, who disclosed the name of the petitioner is not disclosed in the F.I.R., which casts an aspersion on the case of prosecution.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
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 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 Kishanpur P.S. Case No.218/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that thereafter the learned trial court thereafter shall verify the criminal antecedents of the petitioners and in the event if it is found that petitioners have antecedent of even one case, in that event, it would be presumed that petitioners had concealed their antecedent before this court, as
Patna High Court CR. MISC. No.105 of 2026(2) dt.13-01-2026 3/3 such, the provisional anticipatory bail order shall not be confirmed with but if after 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) amit/- U T