Patna High Court

Rohan KumarversusThe State of Bihar

Decided: 23 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The petitioner is entitled to provisional anticipatory bail subject to conditions, pending verification of his antecedents.

Summary

The petitioner, Rohan Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 after 14.5 litres of liquor were recovered from a motorcycle he owned. He argued that he had no knowledge of the liquor being in his vehicle and that the actual offenders, Ankit and Pintu, were apprehended at the scene. The State opposed his request for anticipatory bail. The Court considered the petitioner’s clean antecedent and the fact that the liquor was not found in his conscious possession, and granted provisional anticipatory bail subject to a modest bond and sureties, with the trial court to verify his antecedents. The order also stipulated that if any prior case is discovered, the bail would not be confirmed. The decision rests on the principles of anticipatory bail under Section 482(2) of the Criminal Procedure Code.

Issues considered

Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
Whether ownership of the vehicle used in the alleged offence suffices to justify arrest without possession of the contraband.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
Section 30(a)
Bihar Prohibition and Excise Act
vehicle ownership
clean antecedent
Section 482(2) CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27201 of 2026
                      Arising Out of PS. Case No.-26 Year-2026 Thana- ARIYARI District- Sheikhpura
                 ======================================================
                 Rohan Kumar S/o Vimal Yadav, R/o Vill.-Pathraita, P.S. Ariyari, Dist.-
                 Sheikhpura.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Bipin Kumar
                 For the Opposite Party/s :        Ms. Asha Devi
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-04-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 14.500 litres of liquor from a motorcycle. It is next

                   submitted that petitioner was not arrested from the spot as such

                   nothing was recovered from his conscious possession and he

                   came to be implicated based on the fact that he is owner of the

                   seized vehicle. It is next submitted that no prudent person would

                   use his own vehicle for committing an occurrence and thus

                   would create evidence against himself and hence would get
Patna High Court CR. MISC. No.27201 of 2026(2) dt.23-04-2026
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          implicated. It is also submitted that the petitioner was

          completely unaware that Ankit would misuse his vehicle in the

          manner as alleged who was also apprehended from the spot

          along with Pintu.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender 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 Ariyari P.S. Case No.26/2026, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner is a person with clean
             Patna High Court CR. MISC. No.27201 of 2026(2) dt.23-04-2026
                                                         3/3




                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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