Patna High Court
CR. MISC./57174/2026 of Om Prakash Kumar Vs The State of Bihar on 18 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57174 of 2026 Arising Out of PS. Case No.-368 Year-2026 Thana- VAISHALI District- Vaishali ====================================================== Om Prakash Kumar S/O Haricharan Paswan @ Harish Chandra Paswan R/O Village- Mannipur, P.S. and
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57174 of 2026
Arising Out of PS. Case No.-368 Year-2026 Thana- VAISHALI District- Vaishali ======================================================
Om Prakash Kumar S/O Haricharan Paswan @ Harish Chandra Paswan R/O
Village- Mannipur, P.S. and Distt.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Ranjit Kumar Thakur, Advocate
For the Opposite Party/s :
Mr. Ashok Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
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ORAL ORDER
18-08-2026
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 Section 30(a) of the 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 45 litres of liquor from the cowshed of the petitioner.
4. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and cowshed is a place out side the house of the petitioner and, thus, is accessible to villagers at large. It is further submitted that no prudent person would use his own cowshed for committing an occurrence and, Patna High Court CR. MISC. No.57174 of 2026(2) dt.18-08-2026
thus, would create evidence against himself and, hence, would get implicated. It is next submitted that it appears that someone inimical to the family of the petitioner concealed meager amount of liquor with an intent to implicate the entire family members and the petitioner came to be implicated based on the secret information which is the easiest way to implicate someone without holding a proper investigation of the case.
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 appearing on behalf of the petitioner, let 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.500/- (Rupees Five Hundred) 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 Vaishali P.S. Case No. 368 of 2026, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of even one case, Patna High Court CR. MISC. No.57174 of 2026(2) dt.18-08-2026
it would be presumed that petitioner had concealed his antecedent before this Court at para 3 of the anticipatory bail application in that event the provisional anticipatory bail order shall not be confirmed but if it is found on verification that petitioner is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.
Kundan/- (Satyavrat Verma, J) U T