Patna High Court
Rohit Kumar @ Rohit ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to conditions under Section 482(2) of the Code of Criminal Procedure.
Summary
The petitioner, Rohit Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 5.625 litres of liquor from a location adjacent to his house. He asserted a clean criminal record and that no liquor was found in his possession, claiming the accusation stemmed from a hostile watchman (chowkidar). The State opposed the bail. The court considered the lack of possession, the petitioner's clean antecedent, and the circumstances of the complaint, and granted provisional anticipatory bail subject to a modest bond and sureties, with the trial court to verify his antecedent. If any prior offence is discovered, the bail may be revoked; otherwise, the provisional order will be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the case under Section 30(a) of the Bihar Excise Act
- Whether the petitioner’s clean antecedent and lack of possession justify granting bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Section 30(a) Bihar Excise Act
- clean antecedent
- Section 482 CrPC
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18724 of 2026
Arising Out of PS. Case No.-232 Year-2025 Thana- ISUAPUR District- Saran
======================================================
Rohit Kumar @ Rohit Manjhi S/O Dilip Manjhi @ Dileep Manjhi R/o -
Goha, P.S - Isuapur, District - Saran
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Jha
For the Opposite Party/s : Mr.Anil Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 25-03-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 5.625 litres of liquor from a place in front of the
house of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
but then is adjacent to his house and he came to be implicated at
Patna High Court CR. MISC. No.18724 of 2026(2) dt.25-03-2026
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the instance of Chowkidar with whom he is on an inimical term.
he came to be implicated at the instance of Chowkidar with
whom he is on an inimical term. It is next submitted that if
Chowkidar was aware about 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, when petitioner admittedly is a person
with clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. 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 trial court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
500/- (Rupees Five Hundred) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with Isuapur
P.S. Case No. 232 of 2025, subject to the conditions as laid
down under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and in
the event if it is found that petitioner has antecedent of even one
Patna High Court CR. MISC. No.18724 of 2026(2) dt.25-03-2026
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case then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if 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)
Sumit/-
U T
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