Shatrudhan Kumar @ Loraha @ Lodha @ Lotha @ Strughan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91987 of 2025 Arising Out of PS. Case No.-397 Year-2023 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== 1.
Shatrudhan Kumar @ Loraha @ Lodha @ Lotha @ Strughan Kumar S/O Kanhaiya Ram R/O Village- Tarachandi Colony, P.S.- Darigaon, District - Rohtas 2.
Arjun Bansal @ Arjun Kumar @ Arjun Kol S/O Kishun Kol @ Kisun Ram R/O Village- Tarachandi Colony, P.S.- Darigaon, District - Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashwani Kumar Tiwary, Advocate For the Opposite Party/s :
Ms. Gulnar Begum, A.P.P.
====================================================== 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 the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that petitioner no. 1 has antecedent of one case under the Excise Act and petitioner no. 2 has antecedent of three cases under the Excise Act and allegation is of recovery of 300 litres of liquor from two different motorcycles.
4. Learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession and are not the owner
Patna High Court CR. MISC. No.91987 of 2025(2) dt.13-01-2026 2/3 of any of the seized vehicles. It is next submitted that petitioners came to be implicated based on the confessional statement of apprehended accused in police custody which does not have any evidentiary value in the eye of law. It is also submitted that once an accused is implicated in a case relating to excise the police start implicating mechanically either at the instance of the Chawkidar, local person, secret information or confessional statement without holding a proper investigation of the case.
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, let 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.15,000/- (Rupees Fifteen 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 Sasaram (Mufassil) P.S. Case No. 397 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the BNSS.
7. It is made clear that thereafter the learned trial
Patna High Court CR. MISC. No.91987 of 2025(2) dt.13-01-2026 3/3 court shall verify the criminal antecedent of the petitioners and if it is found that petitioner no. 1 has antecedent of more than one case and petitioner no. 2 has antecedent of more than three cases, it would be presumed that petitioners had concealed their antecedent before this Court at para 3 of the anticipatory bail application in that event the provisional anticipatory bail order shall not be confirmed but if it is found on verification that petitioner no. 1 has antecedent of only one case and petitioner no. 2 has antecedent of only three cases in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Kundan/- U T