CR. MISC./86912/2025 of Junaid Khan Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.86912 of 2025 Arising Out of PS. Case No.-321 Year-2022 Thana- SAKRA District- Muzaffarpur ====================================================== Junaid Khan S/o- Yacub Khan Resident of village- Khaira PS- Khaira Dist- Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Subhash Kumar For the Opposite Party/s: Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 3 26-02-2026 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 419, 420, 467, 468, 471 of the Indian Penal Code and Sections 30(a), 32(1) (ii), 36 and 41 of Bihar Prohibition and Excise Amendment Act, 2018. 3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and allegation is of recovery of 4311.72 litres of liquor from a truck. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of the seized truck and he came to be implicated based on confessional statement of Jawed in police custody Patna High Court CR. MISC. No.86912 of 2025(3) dt.26-02-2026 2/3 which does not have any evidentiary value. 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. 4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. 5. 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 Court below 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 Sakra P.S. Case No.321/2022, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. 6. It is made clear that the learned trial court thereafter shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of more than one case, in that event, it would be presumed that petitioner had concealed his antecedent before this court, as such, the Patna High Court CR. MISC. No.86912 of 2025(3) dt.26-02-2026 3/3 provisional anticipatory bail order shall not be confirmed but if on verification it is found that petitioner has antecedent of one case, in that event the provisional anticipatory bail order shall be confirmed forthwith. amit/- (Satyavrat Verma, J) U T