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Patna High Court

Rohit KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that anticipatory bail may be granted provisionally when the petitioner has a clean antecedent and no direct possession of the alleged contraband, subject to verification and conditions under Section 482(2) of the B.N.S.S.

Summary

Rohit Kumar, a resident of Begamsarai, sought anticipatory bail after being implicated in a case under Sections 30(a) and 38 of the Bihar Prohibition and Excise Act, 2022, for alleged recovery of 9 litres of liquor and destruction of 100 litres of raw Jawa Mahua. He argued that he has a clean antecedent, was not arrested at the scene, and that the contraband was recovered from a house that does not belong to him, with the accusation stemming from a chowkidar’s false claim. The State opposed the bail, contending the seriousness of the offences. The High Court, considering the petitioner’s lack of direct possession, clean record, and the possibility of false implication, granted provisional anticipatory bail subject to a Rs.500 bond, two sureties, and verification of his antecedent under Section 482(2) of the B.N.S.S. The order stipulated that if any prior case is discovered, the bail would be withdrawn; otherwise, it would be confirmed.

Issues considered

  • Whether anticipatory bail can be granted in a case under Sections 30(a) and 38 of the Bihar Prohibition and Excise Act, 2022.
  • Whether the petitioner’s clean antecedent and lack of possession justify the grant of anticipatory bail.
  • Whether false implication by a chowkidar affects the bail decision.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 482
  • clean antecedent
  • false implication
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14408 of 2026
                   Arising Out of PS. Case No.-460 Year-2025 Thana- BACHHWARA District- Begusarai
                 ======================================================
                 Rohit Kumar Son of Ram Iqbal Yadav Resident of Village- Begamsarai, P.S.-
                 Bachhwara, District- Begusarai

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Muskan Singh, Advocate
                 For the Opposite Party/s :      Ms. Anita Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offences punishable under Sections 30(a) and 38 of Bihar

                   Prohibition and Excise Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 9 litres of liquor from an under constructed house

                   and 100 litres of raw Jawa Mahua was destroyed. It is next

                   submitted that petitioner was not arrested from the spot, as such,

                   nothing was recovered from his conscious possession and even

                   alleged recovery is from a place which does not belong to the

                   petitioner and he came to be implicated at the instance of

                   Chowkidar but then it is submitted that if Chowkidar was aware
Patna High Court CR. MISC. No.14408 of 2026(2) dt.13-03-2026
                                            2/3




          of the involvement of the petitioner in the occurrence then why

          he did not inform the police prior to institution of the instant

          FIR, which casts an aspersion on the case of the prosecution. It

          is also submitted that the Chowkidar in order to save the real

          culprit falsely implicated the petitioner, when petitioner

          admittedly is a person with clean antecedent.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       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, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bond in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of learned Exclusive Special

          Excise Judge-I, Begusarai in connection with Bachhwara P.S.

          Case No.460 of 2025, subject to the conditions laid down under

          Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bond of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is
               Patna High Court CR. MISC. No.14408 of 2026(2) dt.13-03-2026
                                                           3/3




                         found that petitioner has antecedent of even one case, then it

                         would be presumed that petitioner for the purposes of obtaining

                         anticipatory bail had concealed his antecedent before this Court,

                         in that event, the present provisional anticipatory bail order shall

                         not be confirmed, but if on verification, 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)

Sanjay/-

U          T


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