Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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under Section 482(2) of the B.N.S.S. The order stipulated that if any prior case is discovered, the bail would be withdrawn; otherwise, it would be confirmed.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
- Bihar Prohibition and Excise Act, 2022 — s. 30(a), 38
- B.N.S.S. — s. 482(2)
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
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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
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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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