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IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3806 of 2026

Arising Out of PS. Case No.-432 Year-2025 Thana- Daudnagar Excise District- Aurangabad

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Srikant Kumar S/O Madan Choudhary Resident of Village- Chanhat, P.S.-

Haspura, District- Aurangabad

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr.Binod Kumar Pandey

For the Opposite Party/s : Mr.Rabindra Kumar- A.P.P.

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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) and 32(c) 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 28 litres of liquor from two

different motorcycles.

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 one of the

seized motorcycle. It is next submitted that no prudent person

Patna High Court CR. MISC. No.3806 of 2026(2) dt.29-01-2026

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would use his own 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 Navlesh Kumar would misuse the vehicle in the

manner as alleged as he was also apprehended at the spot along

with Ramakant Kumar and Dhananjay Kumar.

5. Learned A.P.P. Sri Rabindra Kumar 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 Daudnagar Excise P. S. Case No.432 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

Patna High Court CR. MISC. No.3806 of 2026(2) dt.29-01-2026

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

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

Advocates’ Association, Patna High Court, Patna within a

period of two weeks from today.

(Satyavrat Verma, J)

vikash/-

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