IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49716 of 2026 Arising Out of PS. Case No.-157 Year-2026 Thana- Excise P.S. District- Samastipur ====================================================== 1. Vikash Kumar Sharma @ Vikash Sharma S/o Late Ramsudhar Sharma R/o Jagatsinghpur, ward no. 2, P.S.- Karpurigram, Distt.- Samastipur 2. Rahul Kumar S/o Arun Paswan R/o Jagatsinghpur, ward no. 2, P.S.-Karpurigram, Distt.- Samastipur 3. Gauri Shankar Kumar S/o Lalbabu Sah R/o vill - Wajidpur, ward no. 2, P.S.-Karpurigram, Distt.- Samastipur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Lakshmindra Kumar Yadav For the Opposite Party/s : Ms. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 22-07-2026 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 Bihar Prohibition and Excise Amendment Act, 2018.

3. Learned counsel for the petitioners submits that petitioner no.1 has antecedent of five cases under the Excise Act, petitioner no.2 is a person with clean antecedent and petitioner no.3 has antecedent of one case under the Excise Act and allegation is of recovery of 882 litres of liquor from two trucks and a motorcycle was seized. Patna High Court CR. MISC. No.49716 of 2026(2) dt.22-07-2026 2/3 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 owners of any of the seized vehicle and they came to be implicated based on secret information which is the easiest way to implicate someone. It is also submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either through chowkidar, local person, confessional statement or secret information without holding a proper investigation. 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, the petitioners above-named, in the event of their arrest or surrender within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five 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 Sadar Excisse P.S. Case No.157 of 2026, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. Patna High Court CR. MISC. No.49716 of 2026(2) dt.22-07-2026 3/3 7. It is made clear that thereafter the learned trial court thereafter shall verify the criminal antecedents of the petitioners and in the event if it is found that petitioner no.1 has antecedent of more than five cases, petitioner no.2 has antecedent of even one case and petitioner no.3 has antecedent of more than one case, in that event, it would be presumed that petitioners had concealed their antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed with respect to those petitioners whose criminal antecedent does not tally but if after verification the criminal antecedent as recorded hereinabove tallies with the petitioners in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) amit/- U T

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49716 of 2026 Arising Out of PS. Case No.-157 Year-2026 Thana- Excise P.S. District- Samastipur ====================================================== 1. Vikash Kumar Sharma @ Vikash Sharma S/o Late Ramsudhar Sharma R/o Jagatsinghpur, ward no. 2, P.S.- Karpurigram, Distt.- Samastipur 2. Rahul Kumar S/o Arun Paswan R/o Jagatsinghpur, ward no. 2, P.S.-Karpurigram, Distt.- Samastipur 3. Gauri Shankar Kumar S/o Lalbabu Sah R/o vill - Wajidpur, ward no. 2, P.S.-Karpurigram, Distt.- Samastipur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Lakshmindra Kumar Yadav For the Opposite Party/s : Ms. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 22-07-2026 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 Bihar Prohibition and Excise Amendment Act, 2018.

3. Learned counsel for the petitioners submits that petitioner no.1 has antecedent of five cases under the Excise Act, petitioner no.2 is a person with clean antecedent and petitioner no.3 has antecedent of one case under the Excise Act and allegation is of recovery of 882 litres of liquor from two trucks and a motorcycle was seized. Patna High Court CR. MISC. No.49716 of 2026(2) dt.22-07-2026 2/3 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 owners of any of the seized vehicle and they came to be implicated based on secret information which is the easiest way to implicate someone. It is also submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either through chowkidar, local person, confessional statement or secret information without holding a proper investigation. 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, the petitioners above-named, in the event of their arrest or surrender within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five 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 Sadar Excisse P.S. Case No.157 of 2026, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. Patna High Court CR. MISC. No.49716 of 2026(2) dt.22-07-2026 3/3 7. It is made clear that thereafter the learned trial court thereafter shall verify the criminal antecedents of the petitioners and in the event if it is found that petitioner no.1 has antecedent of more than five cases, petitioner no.2 has antecedent of even one case and petitioner no.3 has antecedent of more than one case, in that event, it would be presumed that petitioners had concealed their antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed with respect to those petitioners whose criminal antecedent does not tally but if after verification the criminal antecedent as recorded hereinabove tallies with the petitioners in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) amit/- U T