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IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3787 of 2026

Arising Out of PS. Case No.-1712 Year-2025 Thana- Excise P.S. District- Muzaffarpur

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Nikesh Kumar Yadav Son of Vinda Rai Resident of village - Hariharpur, P.S.-

Paroo, District - Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Ms.Bela Singh

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

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

ORAL ORDER

2 29-01-2026 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 30(a), 32(3) and 33 of the Excise Act.

3. The learned counsel for the petitioner submits that

the petitioner has antecedent of one case under the Excise Act

and allegation is of recovery of 180 litres of liquor from three

different vehicles.

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

any of the seized vehicles and he came to be implicated based

on confessional statement of Lalu Kumar in police custody,

Patna High Court CR. MISC. No.3787 of 2026(2) dt.29-01-2026

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which does not have any evidentiary value. It is next submitted

that police in majority of cases implicating innocent persons

either at the behest of Chaukidar, local person, secret

information and confessional statement in a mechanical manner

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 Muzaffarpur Excise P. S. Case No.1712 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

found that petitioner has antecedent of more than one case, then

Patna High Court CR. MISC. No.3787 of 2026(2) dt.29-01-2026

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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

that petitioner has antecedent of one case only, 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.2500/- with

Lawyers’ Association, Patna High Court, Patna within a period

of two weeks from today.

(Satyavrat Verma, J)

vikash/-

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