Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioner, finding the seizure memo defective and the petitioner not directly responsible for the alleged offence.
Summary
The petitioner, Rohit Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 540 litres of Mahua from a tempo he owned. He argued that he was not apprehended at the scene, that the seizure memo lacked signatures of two independent witnesses, and that liability could not be attached to him as he was merely the vehicle owner while another person was driving. The State opposed his anticipatory bail application. The Court noted the procedural defects in the seizure and the lack of direct involvement of the petitioner, and consequently granted anticipatory bail subject to bail bonds and conditions under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The order directed the petitioner to furnish bail bonds of Rs.10,000 each with two sureties if arrested within six weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
- Whether the seizure memo, lacking signatures of two independent witnesses, renders the seizure illegal.
- Whether liability for the offence can be attached to the owner of the vehicle when the vehicle was driven by another person.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
Subjects
- anticipatory bail
- seizure memo
- vehicle owner liability
- Bihar Prohibition and Excise Act
- Bhartiya Nagarik Suraksha Sanhita
- illegal seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17496 of 2026
Arising Out of PS. Case No.-25 Year-2026 Thana- NADI P.S. District- Patna
======================================================
Rohit Kumar S/O Sahdev Singh R/O Village- Pitambarpur, P.O- Dumari, P.S-
Fatuha, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Parmeshwar Vishwakarma, Adv.
For the Opposite Party/s : Mr.Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Nadi P.S. Case No.25 of 2026 registered for the offence
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, there is recovery of 540
liters of countrymade ‘Mahua’ from a Tempo.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence and has
falsely been implicated in this case. Learned counsel for the
petitioner further submits that petitioner was not apprehended
on the spot and no recovery has been made from the conscious
Patna High Court CR. MISC. No.17496 of 2026(2) dt.25-03-2026
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physical possession of the petitioner. Learned counsel for the
petitioner next submits that petitioner has been implicated in
this case because he is the owner of the vehicle. Learned
counsel for the petitioner submits that the search and seizure
memo is not signed by two independent witnesses.
5. The learned APP opposes the anticipatory bail
application.
6. Considering the fact that the petitioner was not
apprehended on the spot and therefore no recovery has been
made from the conscious physical possession of the petitioner
and it seems he has been implicated simply because is been the
owner of the vehicle, which was being driven by another person
of which the liability cannot be passed on the petitioner and
also given the fact that the search and seizure memo is not
signed by two independent witnesses, which puts a question
mark on the legality and validity of the seizure itself, under
these circumstances, this Court inclineds to grant privilege of
anticipatory bail to the petitioner.
7. Accordingly, 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
anticipatory bail on his furnishing bail-bonds in the sum of
Patna High Court CR. MISC. No.17496 of 2026(2) dt.25-03-2026
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Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Special Judge
Excise, Patna City in connection with Nadi P.S. Case No.25 of
2026, subject to the conditions laid down under Section 482(2)
of the Bhartiya Nagarik Suraksha Sanhita.
(Alok Kumar Sinha, J)
Prakash Narayan
U T
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