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Patna High Court

Rohit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioners are entitled to pre‑arrest bail subject to a bond and verification of antecedents.

Summary

The petitioners, Rohit Kumar and Chandragupta Kumar, applied for pre‑arrest bail in a case (PS Akorhigola Case No. 55 of 2026) alleging their involvement in the seizure of 15.2 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. They contended that they were falsely implicated, had no connection with the liquor, and that the recovery site was an open field accessible to anyone. The State opposed the bail, arguing the seriousness of the offence. The Court, noting the open nature of the recovery place and the petitioners' claim of false implication, directed that they be released on pre‑arrest bail upon furnishing a bond of Rs 10,000 with two sureties, subject to verification of any prior criminal antecedents. The bail order is conditional on compliance with Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Negotiable Securities Act, and the application was disposed of.

Issues considered

  • Whether the petitioners are entitled to pre‑arrest bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the open nature of the recovery site and the claim of false implication justify granting bail.
  • Whether the bail should be conditioned on verification of the petitioners' criminal antecedents.

Legislation cited

Subjects

  • pre‑arrest bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • false implication
  • open place recovery
  • bail bond
  • criminal antecedent verification

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21257 of 2026
                    Arising Out of PS. Case No.-55 Year-2026 Thana- AKHODHIGOLA District- Rohtas
                 ======================================================
           1.     Rohit Kumar Son of Late Murari Singh @ Murli Yadav Resident of Village-
                  Madhurampur Police Station- Akorhigola District -Rohtas
           2.    Chandragupta Kumar @ Chunmun son of Anil Singh Resident of Village-
                 Madhurampur Police Station- Akorhigola District -Rohtas

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Raghunandan Kumar Singh, Advocate.
                 For the Opposite Party/s :      Mrs.Sucheta Yadav, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   16-04-2026                      Heard learned counsel appearing on behalf of the

                   petitioners and learned APP for the State.

                                2. The petitioners seek pre-arrest bail in connection

                   with Akorhigola P.S. Case No. 55 of 2026 registered for the

                   offence punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act, as amended uptodate.

                                3. Allegation is of recovery of 15.2 litres of illicit

                   liquor from the mustard field of co-accused Ajit Yadav.

                                4. Learned counsel appearing on behalf of the

                   petitioners submits that the petitioners have been falsely

                   implicated in the case. They have no concern either with the

                   seized liquor or trade of liquor in any manner. The place of
          Patna High Court CR. MISC. No.21257 of 2026(2) dt.16-04-2026
                                                      2/2




                    recovery is an open place which is accessible to anyone.

                                 5. Learned APP for the State has vehemently opposed

                    the prayer for grant of pre-arrest bail to the petitioners.

                                 6. Having heard the rival submissions made on behalf

                    of the parties and the fact that the place of recovery is an open

                    place which is accessible to anyone, the petitioners, above

                    named, are directed to be released on pre-arrest bail, in the event

                    of their arrest or surrender before the learned District Court

                    within a period of four weeks from today, on furnishing bail

                    bond of Rs. 10,000/- (Ten thousand) each with two sureties of

                    the like amount each to the satisfaction of learned District Court

                    where the case is pending in connection with Akorhigola P.S.

                    Case No. 55 of 2026, subject to the condition as laid down

                    under Section 438(2) of the Cr.P.C / Section 482 (2) BNSS.

                                 7. The District Court is directed to verify the criminal

                    antecedent of the petitioners and if it is found that the petitioners

                    are involved in some other cases as what has been stated in

                    Para-3 of the bail petition, this order will automatically lose its

                    force.

                                 8. The bail application stands disposed of.


                                                            (Purnendu Singh, J)
mantreshwar/-
U      T


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