PATNA HIGH COURT
Dayanand Prasad
Cr.Misc.-10755/2026
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10755 of 2026 Arising Out of PS. Case No.-65 Year-2025 Thana- AUANGARI District- Nalanda ======================================================
Dayanand Prasad Son of Kapil Prasad Resident of Village - Tara Bigha, Milki Par, Police Station - Parbalpur, District - Nalanda.
... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ======================================================
Appearance :
For the Petitioner/s : Mr.Bijendra Kumar For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara ======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
2 24-02-2026 1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case as would manifest from supplementary affidavit and allegation is of recovery of 15 litres of liquor from a motorcycle.
4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and is not the owner of the seized motorcycle and he came to be implicated based on secret information, which is the easiest way to implicate someone without holding a proper investigation.
5. Learned A.P.P. opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on provisional anticipatory bail on his furnishing bail-bonds in the sum of Rs.5,000/- (Rupees Five Thousand) 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 ABP No.830 of 2025 arising out of Aungari P. S. Case No.65 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is it would be presumed that petitioner for the purposes of obtaining anticipatory bail had concealed his antecedent before this Court, in that event, the present provisional anticipatory bail order shall not be confirmed, but if on verification, it is found provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
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