Patna High Court
CR. MISC./51266/2026 of Bechan Kumar @ Bechan Kumar Das Vs The State of Bihar on 24 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51266 of 2026 Arising Out of PS. Case No.-131 Year-2024 Thana- BANGAWON District- Saharsa ====================================================== Bechan Kumar @ Bechan Kumar Das S/o Sikendra Das @ Sikander Das R/o Village - Gadhiya, P.S -
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51266 of 2026
Arising Out of PS. Case No.-131 Year-2024 Thana- BANGAWON District- Saharsa ======================================================
Bechan Kumar @ Bechan Kumar Das S/o Sikendra Das @ Sikander Das R/o Village - Gadhiya, P.S - Bangaon, District - Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Amarnath Jha
For the Opposite Party/s :
Mr. Vinod Shanker Modi
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
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ORAL ORDER
24-07-2026
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 offences punishable under Sections 30(a), 41 and 47 of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 765 liters of liquor from a truck and a motorcycle.
4. Learned counsel for the petitioner submits that petitioner was not apprehended 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 the seized motorcycle. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus Patna High Court CR. MISC. No.51266 of 2026(2) dt.24-07-2026
would create evidence against himself and hence would get implicated, it is also submitted that petitioner was completely unaware that Jai Prakash would misuse the vehicle in the manner as alleged who was also apprehended from spot.
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 before the learned Trial Court 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 Bangaon P.S. Case No. 131 of 2024 subject to the conditions as laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of even one case then it would be presumed that petitioner, for the purposes of seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional Patna High Court CR. MISC. No.51266 of 2026(2) dt.24-07-2026
anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.
Rishabh/- (Satyavrat Verma, J) U T