Patna High Court
Rohit @ Fekan Kumar @ Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner.
Summary
The petitioner applied for anticipatory bail after being implicated in a case involving the recovery of 40 litres of illicit liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution alleged his involvement, but no incriminating material was found in his possession and he asserted a clean antecedent. The petitioner argued that he was accused merely on suspicion and had no direct link to the recovered liquor. The court examined the nature of the accusation, the circumstances of the recovery, and the petitioner’s clean record. Considering these factors, the court granted anticipatory bail, directing that if arrested within eight weeks he may be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted when the accused has no incriminating material in his possession and a clean antecedent.
- Whether the offence under Section 30(a) of the Bihar Prohibition and Excise Act warrants denial of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- clean antecedent
- Section 30(a)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18825 of 2026
Arising Out of PS. Case No.-258 Year-2025 Thana- MOHANPUR District- Samastipur
======================================================
Rohit @ Fekan Kumar @ Rohit Kumar S/o Sanjay Mahato @ Sanjay
Chaudhary R/o - Ward no. 10, Village - Bingama / Bindgama, Jalalpur, P.S -
Mohanpur, District - Samastipur, Pin - 848301
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Piyush Kumar Pandey, Advocate
For the Opposite Party/s : Ms. Sangeeta Sharma, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 07-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, 40 litres illicit liquor was
recovered from an open place.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from the conscious
possession of the petitioner. Petitioner has got no concern with
the alleged recovery and he has been made accused in this case
merely on suspicion. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State opposed the bail
application.
Patna High Court CR. MISC. No.18825 of 2026(2) dt.07-04-2026
2/2
6. Considering nature of accusation, place of recovery
and clean antecedent, this anticipatory bail is allowed and it is
ordered that let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Exclusive Special Excise
Judge, Excise-II, Samastipur in connection with Mohanpur P. S.
Case No. 258 of 2025, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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