Created by Fuzzy Cloud

Patna High Court

Rohit @ Fekan Kumar @ Rohit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.