Patna High Court

CR. MISC./57739/2026 of Ankit Kumar Rathaur @ Ankit Kumar Rathore @ Ankit Vs The State of Bihar on 19 August 2026

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COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57739 of 2026 Arising Out of PS. Case No.-575 Year-2025 Thana- SITAMARHI District- Sitamarhi ====================================================== Ankit Kumar Rathaur @ Ankit Kumar Rathore @ Ankit S/o Umesh Kumar Resident of Village -

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57739 of 2026

Arising Out of PS. Case No.-575 Year-2025 Thana- SITAMARHI District- Sitamarhi ======================================================

Ankit Kumar Rathaur @ Ankit Kumar Rathore @ Ankit S/o Umesh Kumar Resident of Village - Pithariya Kale, Police Station - Jale,District - Darbhanga

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mr. Shashank Shekhar

For the Opposite Party/s :

Ms. Renuka Ratnakar

======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

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ORAL ORDER

19-08-2026

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Sitamarhi P.S. Case No.575 of 2025, registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 64.2 litres of liquor from an auto.

4. Learned counsel for the petitioner submits that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession. It is also submitted that petitioner had lent his auto to one Feku Sah on 02.06.2023, on which, the learned APP submits that a false submission has been made as from perusal of the pleadings made at Para-7 of the anticipatory bail application, it would manifest that it is Patna High Court CR. MISC. No.57739 of 2026(2) dt.19-08-2026

specifically pleaded that petitioner is registered owner of the seized vehicle but sold the vehicle to one Feku Sah on 02.06.2023. Learned APP further submits that the Court takes a lenient view in cases relating to excise while granting the privilege of anticipatory and regular bail but then where a vehicle is sold without transfer of ownership, in such cases, the Court does not entertain the anticipatory bail application, as such, it appears that the learned counsel appearing on behalf of the petitioner for the purposes of obtaining anticipatory bail made the aforesaid submission that he had lent the vehicle to one Feku Sah, when at Para-7, it is specifically pleaded that the vehicle was sold to Feku Sah on 02.06.2023. It is thus submitted that an attempt was made to mislead the Court.

5. Considering the submissions made by the learned ApP, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

6. The anticipatory bail application of the petitioner is rejected.

amit/- (Satyavrat Verma, J) U T

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