Patna High Court
Rohit @ Kallu @ Kallu Yadav @ Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
Since the petitioner was not apprehended at the spot and no liquor was recovered from his possession, bail was granted subject to conditions.
Summary
The petitioner, Rohit Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition & Excise Act after police recovered 25 litres of country-made liquor from a bag thrown by an unknown person at Kali Mandir. A police informant’s statement and the testimony of persons present identified the petitioner as the individual who fled, although no liquor was found in his possession and he was not apprehended at the spot. The petitioner argued that he was innocent, that the identification was unreliable, and that he was being targeted due to village politics, while the State highlighted his status as a habitual offender with two other pending excise cases. The court noted the lack of direct seizure from the petitioner and, considering the circumstances, ordered bail on a bond of Rs. 10,000 with two sureties, subject to verification of his criminal antecedents under Section 482(2) of the B.N.S.S. The bail order was conditioned on prompt surrender if arrested within six weeks.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition & Excise Act given the circumstances of identification and prior cases.
- Whether identification of the petitioner solely on the basis of statements of persons present is sufficient to deny bail.
- Whether the petitioner’s prior excise cases affect his eligibility for bail.
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- bail
- excise
- prohibition act
- identification
- habitual offender
- police seizure
- Section 30(a)
- Section 482(2)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27490 of 2026
Arising Out of PS. Case No.-24 Year-2026 Thana- KHAJEKALA District- Patna
======================================================
Rohit @ Kallu @ Kallu Yadav @ Rohit Kumar S/o Dharamveer Yadav @
Dharamvir @ Machchar Yadav R/o Village - Begam Ki Haweli Kali Mandir,
P.S. - Khajekalan, Distt . Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jay Ram Prasad, Advocate
For the Opposite Party/s : Mr.Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
3 06-05-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Khajekalan P.S. Case No. 24 of 2026 registered for the
offences punishable under Section 30(a) of the Bihar Prohibition
& Excise Act.
3. As per the prosecution story which has been lodged
on the basis of the written statement of the informant who
happens to be the A.S.I. Khajekalan P.S. to the effect that on
13.01.2026 at about 10.00 hours, while he was on patrolling
duty along with other police personnel he received information
that at Kali Mandir, Begam ki Haweli Baxi Mohalla in Patna
City, country made liquor is being sold. On receiving such
information, when he reached near Kali Mandir at around 14.30
Patna High Court CR. MISC. No.27490 of 2026(3) dt.06-05-2026
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hours, one person was found standing with a blue colour bag
and on seeing the police party he fled away by throwing the bag.
On search of the said bag, total 25 litres of the country made
liquor was recovered and on inquiry from the persons present
there, one person disclosed the name of this petitioner as the
person who fled away after seeing the police party.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and was not present at the spot. He
further submits that no incriminating article or liquor has been
recovered from possession of this petitioner. He further submits
that despite presence of many persons near the place of
occurrence, only the police personnel have been named as
witnesses and in their presence the seizure list has been
prepared. The petitioner is running household articles shop near
Kali Mandir and he has been falsely implicated in this case due
to village politics. He further submits that the petitioner is an
accused in two other cases of similar nature.
5. The learned A.P.P. for the State opposes the prayer
for bail and submits that petitioner is habitual offender and he is
accused in two other cases related to Excise Act.
6. Having considered the rival submissions of the
parties and after going through the records, it appears that
petitioner was not apprehended at the spot and since he was not
Patna High Court CR. MISC. No.27490 of 2026(3) dt.06-05-2026
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apprehended on the spot, there is no question of any recovery of
country made liquor from his possession. Name of petitioner
transpired in this case on the statement/information given by the
persons present at the place of occurrence. The petitioner has
got two other cases of Excise Act and in both the cases he is on
bail. Considering the facts, let the petitioner, above named, in
the event of arrest or surrender within a period of six weeks, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Special Judge, Excise, Patna City,
Patna in connection with Khajekalan P.S. Case No. 24 of 2026,
subject to the conditions as laid down under Section 482(2) of
the B.N.S.S., with further condition:
(1) The learned Court concerned shall verify the
criminal antecedent of the petitioner and in case at any stage, it
is found that the petitioner has concealed his criminal
antecedents, the court concerned shall take steps for cancellation
of bail bond of the petitioner. However, the acceptance of bail
bonds in terms of the above-mentioned order shall not be
delayed for purpose of or in the name of verification.
(Ritesh Kumar, J)
vinita/-
U T
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