Patna High Court
Rohit Yadav @ Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
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
- Indian Penal Code — s. 272, 273
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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