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Patna High Court

Rohit KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
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          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


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