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Patna High Court

Rohit Yadav @ Rohit KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied to the petitioners.

Summary

The petitioners Rohit Yadav, Mithalesh Yadav and Bimpu Kumar sought anticipatory bail in a case involving the alleged possession of 50 litres of illicit liquor, charged under IPC sections 272 and 273 and the Bihar Prohibition and Excise (Amendment) Act, 2018. They claimed they were not present at the scene and that their names were supplied by locals, while also noting a pending criminal case against them. The State opposed bail, highlighting the petitioners' criminal antecedents and the nature of the offence. The High Court, after hearing counsel, declined to grant anticipatory bail, directing the petitioners to surrender within six weeks and to apply for surrender‑cum‑bail before the trial court. The trial court was instructed to decide the bail applications on merits without prejudice from the anticipatory bail denial.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under IPC 272, 273 and the Bihar Prohibition and Excise (Amendment) Act, 2018.
  • Whether the petitioners' alleged non‑presence at the scene and pending criminal case affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • IPC 272
  • IPC 273
  • Bihar Prohibition and Excise Act
  • criminal antecedents
  • bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15804 of 2026
                     Arising Out of PS. Case No.-14 Year-2022 Thana- DULHIN BAZAR District- Patna
                 ======================================================
           1.     Rohit Yadav @ Rohit Kumar Son of Ram Ekwal Yadav Resident of Village -
                  Chakia, P.S.- Bhagwanganj, District - Patna.
           2.    Mithalesh Yadav @ Mithalesh Kumar Son of Bhagat Yadav Resident of
                 Village - Chakia, P.S.- Bhagwanganj, District - Patna.
           3.    Bimpu Kumar Son of Suresh Singh Resident of Village - Chakia, P.S.-
                 Bhagwanganj, District - Patna.

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Sinha, Advocate
                 For the Opposite Party/s :       Ms. Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   25-03-2026                         Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners are apprehending arrest in

                   connection with Dulhin Bazar P.S. Case No. 14 of 2022, dated

                   21.01.2022, lodged under Sections 272 & 273 of the Indian

                   Penal Code under Section 30(a)(c), 32(iii) & 34 Bihar

                   Prohibition and Excise (Amendment) Act, 2018, pending before

                   the Court of Special Judge Excise, Danapur.

                                3. As per the prosecution, total recovery of 50 litres of

                   illicit liquor has been made, which is the subject matter of the

                   present case.
Patna High Court CR. MISC. No.15804 of 2026(2) dt.25-03-2026
                                            2/3




                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. He further

          submits that the petitioner was not present at the place of

          occurrence. He further submits that the petitioner’s name has

          been disclosed by local people. He also submits that the

          criminal antecedents of the petitioner are not clean, as one

          criminal case is pending against him.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioners and submits that the criminal antecedents

          of the petitioners are not clean, as one case of a similar nature is

          pending against them.

                       6. In the present facts and circumstances, this Court is

          not inclined to grant anticipatory bail to the petitioners.

          Accordingly, the prayer for anticipatory bail of the petitioners is

          hereby rejected.

                       7. It is directed to the petitioners to surrender before

          the Trial Court within a period of six weeks from today. In case

          the petitioners surrender within six weeks, the Trial Court is

          directed to pass order on their surrender-cum-bail applications

          on the same day, without being prejudiced by the fact that their

          anticipatory bail has been rejected by this Court. The Trial Court

          shall pass order on the merits of the case, particularly
         Patna High Court CR. MISC. No.15804 of 2026(2) dt.25-03-2026
                                                     3/3




                   considering the aspect that no recovery has been made from the

                   petitioners’ possession.



                                                                        (Dr. Anshuman, J.)

Aman Kumar/-
U     T


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