Patna High Court
Mohit Kumar @ PuiyaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioner, subject to bond, sureties, and conditions.
Summary
The petitioner, Mohit Kumar, sought anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act after police recovered 112 litres of illicit liquor in a raid and identified him as a fugitive based solely on a co‑accused’s statement. The petitioner argued that no liquor was found in his possession, the recovery memo lacked independent witness signatures, and he was being falsely implicated. The State opposed the bail, contending the seriousness of the offence. The Court noted the lack of physical possession evidence, the unreliability of the co‑accused’s statement, and procedural defects in the search memo, and therefore inclined to grant anticipatory bail with conditions. The bail was ordered subject to a bond, sureties, cooperation with investigation, and verification of the petitioner’s criminal antecedent.
Issues considered
- What is the appropriateness of granting anticipatory bail when the accusation rests solely on a co‑accused’s statement and no material is recovered from the petitioner’s possession?
- Does the absence of independent witness signatures on the search and seizure memo affect the evidentiary value of the police recovery?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- anticipatory bail
- illegal liquor
- search and seizure
- co‑accused testimony
- criminal antecedent
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10885 of 2026
Arising Out of PS. Case No.-5 Year-2026 Thana- MEHANDIGANJ District- Patna
======================================================
Mohit Kumar @ Puiya S/o Late Shibalak Kewat @ Late Shivbalak Kewat
R/o Mehndi Ganj, Pani Tanki, Distt.- Patna, BIhar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Simran Kumari, Adv
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Mehndiganj P.S. Case No. 05 of 2026, registered for the
offence punishable under Section 30(a) of Bihar Prohibition and
Excise Act.
3. The case of the prosecution, in short, is that on
05.01.2026, the informant got some secret information that the
illegal sale of liquor is going at Mehndiganj Pani Tank in the
house of accused petitioner. During the Special raid, police
recovered 112 liters of liquor. Upon enquiry, the persons who
fled away from the spot were Mohit Kumar (the petitioner
herein) and Rohan Kumar.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.10885 of 2026(2) dt.17-02-2026
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petitioner is innocent and has falsely been implicated in the
present case. He further submits that the petitioner has been
implicated only on the basis of statement made by a co-accused.
The petitioner has not arrested from the spot nor anything has
been recovered from the conscious physical possession of the
petitioner. He further submits that the petitioner has one
criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer of
anticipatory bail.
6. Considering the fact that nothing has been
recovered from the conscious physical possession of the
petitioner and his name has surfaced on account of the statement
made by a co-accused, which does not carry evidentiary value
and also given the fact that the search and seizure memo has not
been signed by independent witnesses, this Court is inclined to
grant privilege of anticipatory bail to the petitioner.
7. Let the petitioner, named above, in the event of his
arrest or surrender before the Court below within four weeks
from today, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Special Judge, Excise,
Patna City, in connection with Mehndiganj P.S. Case No. 05 of
Patna High Court CR. MISC. No.10885 of 2026(2) dt.17-02-2026
3/3
2026, subject to the conditions laid down under section 482(2)
of the Bharatiya Nagarik Suraksha Sanhita, 2023 as also
further condition that:-
(i) the petitioner shall co-operate in the
investigation/trial.
(ii) the learned Court would, however, verify the
criminal antecedent of the petitioner and in case it is found that
the petitioner has concealed his criminal antecedent, the Court
below shall take step for cancellation of bail bond of the
petitioner. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
kiran/-
U T
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