Patna High Court
CR. MISC./50566/2026 of Kanhaiya Singh Vs The State of Bihar on 24 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.50566 of 2026 Arising Out of PS. Case No.-193 Year-2025 Thana- Excise P.S. District- Araria ====================================================== Kanhaiya Singh son of Ashok Singh Resident of village- Baghua, Ward no. 13, ps- Jogbani, Dist-
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50566 of 2026
Arising Out of PS. Case No.-193 Year-2025 Thana- Excise P.S. District- Araria ======================================================
Kanhaiya Singh son of Ashok Singh Resident of village- Baghua, Ward no.
13, ps- Jogbani, Dist- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Murari Narain Chaudhary
For the Opposite Party/s :
Mr. Tarkeshwar Nath Thakur
======================================================
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 Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that petitioner has antecedent of one case under the Excise Act and allegation is of recovery of 63.6 liters of liquor from seven motorcycles.
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 one of the seized vehicles. It is next submitted that no prudent person Patna High Court CR. MISC. No.50566 of 2026(2) dt.24-07-2026
would use his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated, it is also submitted that petitioner was completely unaware that his friend would misuse the vehicle in the manner as alleged who also fled from the 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. 5000/- (Rupees Five 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 Araria Excise P.S. Case No. 193 of 2025 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 more than one case then it would be presumed that petitioner, for the purposes of seeking anticipatory bail, had concealed his Patna High Court CR. MISC. No.50566 of 2026(2) dt.24-07-2026
antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner has antecedent of one case only, in that event the provisional anticipatory bail order shall be confirmed forthwith.
Rishabh/- (Satyavrat Verma, J) U T