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Patna High Court

Rohit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail may be granted as no offence under section 30(a) is made out against the petitioner, subject to the stipulated conditions.

Summary

Rohit Kumar applied for anticipatory bail after being implicated in a case under section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 75 litres of illicit liquor in a seized motorcycle. He contended that he neither owned nor drove the vehicle and that his name was supplied by locals due to enmity. The State argued that his name appeared as the person who escaped when the motorcycle was intercepted. Relying on the Patna High Court’s decision in Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail despite the bar in Section 76(2) if no offence is established, the Court examined the petitioner’s lack of ownership, absence of criminal antecedents, and no possession of the liquor. The Court granted anticipatory bail with a bail bond of Rs.10,000 and two sureties, imposing several conditions including regular appearances before police and courts, and prohibition against tampering with evidence. The order remains subject to revocation if a criminal antecedent is later discovered.

Issues considered

  • Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2).
  • Whether the petitioner can be said to have committed an offence under section 30(a) given he is not the owner or driver of the seized vehicle.
  • Whether the conditions imposed are appropriate for the grant of anticipatory bail.

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • section 30(a)
  • section 76(2)
  • illegal liquor
  • seizure
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25862 of 2026
                       Arising Out of PS. Case No.-118 Year-2026 Thana- RAJAOLI District- Nawada
                 ======================================================
                 Rohit Kumar Son of Late Jaynandan Singh Resident of village- Hardiya, Ps-
                 Rajauli, Dist- Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shankar Kumar, Advocate
                 For the Opposite Party/s :       Mr. Md. Nazir Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   22-04-2026                  Heard the parties.

                                2. The petitioner is apprehending his arrest in

                   connection with Rajaoli P.S. Case No. 118 of 2026 for the

                   offence under section 30(a) of the Bihar Prohibition and Excise

                   Act lodged on 03.03.2026 by the informant, Pawan Kumar.

                                3. As per the prosecution story, the Police on secret

                   information, intercepted a motorcycle and from the sacks kept in

                   between the passengers, 75 liters of country-made liquor

                   recovered/seized. This led to the FIR.

                                4. Learned counsel for the petitioner submits that

                   neither he is the owner nor the driver of the vehicle, only

                   because the locals gave the name, due to enmity, got implicated.

                                5. Further, learned counsel for the petitioner relied on

                   the judgment of the Full Bench of Hon’ble Patna High Court in
Patna High Court CR. MISC. No.25862 of 2026(2) dt.22-04-2026
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          the case of Ram Vinay Yadav vs. State of Bihar reported in

          2019 (2) PLJR 1089 wherein it has been held that an

          application for anticipatory bail in a case arising out of Bihar

          Excise and Prohibition Act can be maintained, despite the bar

          under Section 76(2) of the Act, if on the basis of allegation

          made in the FIR, no offence under the said provision is made

          out.

                       6. Learned APP opposes the prayer submitting that his

          name has come up when the motorcycle was intercepted as the

          person who escaped.

                       7. Taking into account the submissions of the parties

          and the judgment in the case of Ram Vinay Yadav (supra), as

          also that he neither owns the motorcycle nor has any criminal

          antecedent and nothing has been recovered from his conscious

          possession, in that background, this Court is inclined to extend

          him the privilege of anticipatory bail with conditions.

                       8. If, however, it is found that contrary to the

          statement made in paragraph-3, the petitioner has criminal

          antecedent, the present order shall become infructuous.

                       9. Let the petitioner be released on bail in the event of

          arrest or surrender within a period of four weeks from the

          receipt of this order, on furnishing bail bond of Rs. 10,000/-
Patna High Court CR. MISC. No.25862 of 2026(2) dt.22-04-2026
                                            3/4




          (Ten thousand) with two sureties of like amount each to the

          satisfaction of learned Exclusive Special Excise Court No. II,

          Nawada in connection with Rajaoli P.S. Case No. 118 of 2026

          subject to the following conditions:

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document to show his/her bona fide;

                       (ii) the petitioner shall be appearing before the Police

          Station as and when required for cooperating in the

          investigation;

                       (iii) the petitioner shall appear on each and every date

          before the Trial Court and failure to do so for two consecutive

          dates without plausible reason will entail cancellation of his

          bail bond by the Trial Court itself;

                       (iv) the petitioner shall appear before the concerned

          police station every fortnight for six months to mark his

          attendance and after the end of the period, the certificate shall be

          submitted before the Trial Court failing which steps shall be

          taken for the cancellation of the bail bonds;

                       (v) the petitioner shall in no way try to induce or

          promise or threat the witnesses or tamper with the evidences,

          failing which the State shall be at liberty to take steps for
          Patna High Court CR. MISC. No.25862 of 2026(2) dt.22-04-2026
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                    cancellation of the bail bonds;

                                 (vi) the petitioner shall desist from committing any

                    criminal offence again, failing which the State shall be at liberty

                    to take steps for cancellation of his bail bonds.



                                                   (Rajiv Roy, J)
Adnan/-

U     T


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