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IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5528 of 2026

Arising Out of PS. Case No.-298 Year-2023 Thana- CHIRAIYA District- East Champaran

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Baban Singh Son of Ram Bharos Singh Resident of Village- 559/2, 24,

Chandan Vihar West Sant Nagar, P.S.- Burari, District- North Delhi

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr.Abhishek Kumar

For the Opposite Party/s : Mr.Shyam Bihari Singh

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

ORAL ORDER

2 30-01-2026 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

Sections 414, 272, 273 of the I.P.C. and Section 30(a) of the

Excise Act.

3. The learned counsel for the petitioner submits that

the petitioner is a person with clean antecedent and allegation is

of recovery of 3780.72 litres of liquor from a truck and a car.

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 he came to be

implicated based on the fact that he is owner of the seized car. It

is next submitted that no prudent person would use his own

Patna High Court CR. MISC. No.5528 of 2026(2) dt.30-01-2026

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vehicle for committing a crime and thus, would create evidence

against himself and hence, would get implicated. It is further

submitted that petitioner was completely unaware that Sanjay

would misuse the vehicle in the manner as alleged as he was

also apprehended at the spot along with Niranjan.

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.500/- (Rupees Five Hundred) 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

Chiraiya P. S. Case No.298 of 2023, 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

found that petitioner has antecedent of even one case, then it

Patna High Court CR. MISC. No.5528 of 2026(2) dt.30-01-2026

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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 that

petitioner is a person with clean antecedent, in that event, the

provisional anticipatory bail order shall be confirmed forthwith.

9. At this stage, the learned counsel appearing on

behalf of the petitioner based on instruction submits that

petitioner undertakes to deposit an amount of Rs.1500/- with

Advocates’ Association, Patna High Court, Patna within a

period of two weeks from today.

(Satyavrat Verma, J)

vikash/-

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