Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail to the petitioner, subject to bond, sureties, and verification of his criminal antecedent.
Summary
The petitioner, Rohit Kumar, was implicated in an excise case (PS Case No. 1581 of 2025) for alleged recovery of 40 litres of liquor from a scooty he owned. He contended that he had no knowledge of the liquor, was not in possession, and had a clean criminal antecedent. The State opposed his prayer for anticipatory bail, arguing the seriousness of the offences under Sections 30(a), 41 and 56(b) of the Bihar Excise Act. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of a modest bail bond and two sureties, subject to verification of the petitioner’s antecedent by the trial court. It further directed that if any prior case is discovered, the provisional bail would not be confirmed, whereas a clean antecedent would lead to immediate confirmation of the bail order.
Issues considered
- Whether anticipatory bail can be granted to a vehicle owner not in actual possession of liquor under the Bihar Excise Act.
- Whether the petitioner’s clean antecedent is a prerequisite for confirming anticipatory bail.
- Whether the conditions imposed under Section 482(2) of the CrPC are appropriate in this context.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- possession
- vehicle owner
- clean antecedent
- Section 482
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13926 of 2026
Arising Out of PS. Case No.-1581 Year-2025 Thana- Excise P.S. District- Patna
======================================================
Rohit Kumar Son of Jalil Nat Resident of Village- Joripokhar, Ward no. 02,
Lagunia, Ps- Patori, Dist- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Ranjan, Advocate
For the Opposite Party/s : Ms. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-03-2026 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 56(b) 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 40 liters of liquor from a Scooty.
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
vehicle. It is next submitted that no prudent person would use
his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.13926 of 2026(2) dt.12-03-2026
2/3
create evidence against himself and hence would get implicated,
it is also submitted that petitioner was completely unaware that
Sagar would misuse the vehicle in the manner as alleged who
was also apprehended 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.
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 Excise
P.S. Case No. 1581 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 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.13926 of 2026(2) dt.12-03-2026
3/3
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.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.