IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52193 of 2026 Arising Out of PS. Case No.-110 Year-2026 Thana- TAJPUR District- Samastipur ====================================================== Ayush Kumar Gupta @ Ayush Gupta S/o Sunil Gupta @ Sunil Kumar Gupta @ Sunil Sah R/o Village - Kasbe Ahar, P.S. - Tajpur, Dist. - Samastipur. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anish Kumar For the Opposite Party/s : Ms. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 29-07-2026 1. Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 30(a), 41(i), 41(ii ) of Bihar Prohibition and Excise Act. 3. Learned counsel for the petitioner submits that petitioner has antecedent of 7 cases under the Excise Act but then on 21.07.2026 Waini P.S. Case No.94 of 2026 was also instituted under the Excise Act, as such as of date petitioner has antecedent of 8 cases and allegation is of recovery of 1656 litres of liquor from a truck and 468 litres of liquor from a Scorpio vehicle.

4. Learned counsel for the petitioner submits that petitioner was not arrested from the spot as such nothing was Patna High Court CR. MISC. No.52193 of 2026(2) dt.29-07-2026 2/3 recovered from his conscious possession and is not the owner of any of the seized vehicle and he 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. It is also submitted that petitioner in similar manner earlier also came to be implicated in cases relating to excise. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. 6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.40,000/- (Rupees Forty 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 Tajpur P.S. Case No.110/2026, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

7. It is made clear that the learned trial court thereafter Patna High Court CR. MISC. No.52193 of 2026(2) dt.29-07-2026 3/3 shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of more than eight cases, in that event, it would be presumed that petitioner had concealed his antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed but if on verification it is found that petitioner has antecedent of eight cases, 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.52193 of 2026 Arising Out of PS. Case No.-110 Year-2026 Thana- TAJPUR District- Samastipur ====================================================== Ayush Kumar Gupta @ Ayush Gupta S/o Sunil Gupta @ Sunil Kumar Gupta @ Sunil Sah R/o Village - Kasbe Ahar, P.S. - Tajpur, Dist. - Samastipur. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anish Kumar For the Opposite Party/s : Ms. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 29-07-2026 1. Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 30(a), 41(i), 41(ii ) of Bihar Prohibition and Excise Act. 3. Learned counsel for the petitioner submits that petitioner has antecedent of 7 cases under the Excise Act but then on 21.07.2026 Waini P.S. Case No.94 of 2026 was also instituted under the Excise Act, as such as of date petitioner has antecedent of 8 cases and allegation is of recovery of 1656 litres of liquor from a truck and 468 litres of liquor from a Scorpio vehicle.

4. Learned counsel for the petitioner submits that petitioner was not arrested from the spot as such nothing was Patna High Court CR. MISC. No.52193 of 2026(2) dt.29-07-2026 2/3 recovered from his conscious possession and is not the owner of any of the seized vehicle and he 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. It is also submitted that petitioner in similar manner earlier also came to be implicated in cases relating to excise. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. 6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.40,000/- (Rupees Forty 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 Tajpur P.S. Case No.110/2026, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

7. It is made clear that the learned trial court thereafter Patna High Court CR. MISC. No.52193 of 2026(2) dt.29-07-2026 3/3 shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of more than eight cases, in that event, it would be presumed that petitioner had concealed his antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed but if on verification it is found that petitioner has antecedent of eight cases, in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) amit/- U T