Patna High Court
Rohit Kumar @ Rohit ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Rohit Kumar, sought anticipatory bail fearing arrest in a case involving alleged supply of illicit foreign liquor and illegal arms, filed under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 25(1‑b)a/26 of the Arms Act. The prosecution’s case rests on the recovery of 35.100 litres of liquor from a co‑accused’s house and the co‑accused’s statement implicating the petitioner. The petitioner contended he was not present at the scene, no incriminating article was found in his possession, and the co‑accused’s statement is the sole piece of material against him; he also disclosed two prior criminal cases for which he is on bail. The State opposed the grant of anticipatory bail. After considering the submissions and the nature of the allegations, the Court ordered that, if arrested or surrendered within six weeks, the petitioner be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to the conditions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the co‑accused’s disclosure statement alone suffices to justify denial of anticipatory bail.
- Applicability of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in granting anticipatory bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- anticipatory bail
- prohibition and excise
- arms act
- co‑accused statement
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27899 of 2026
Arising Out of PS. Case No.-51 Year-2026 Thana- MANSI District- Khagaria
======================================================
Rohit Kumar @ Rohit Chaudhary S/o Raj Kumar Chaudhary, Resident of
Village- Khutiya, Ward No. 17, P.S.- Mansi, District- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Siddhartha Prasad, Advocate.
Mr. Shashank Shekhar, Advocate.
Mr. Rahul Kumar, Advocate.
Mr. Shantam Kriti, Advocate.
For the Opposite Party/s : Mr. Parmanand Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 29-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Mansi P.S. Case No.51 of 2026 instituted under Sections
30(a) of the Bihar Prohibition and Excise Act and Section 25(1-
b)a/26 of the Arms Act.
3. As per the prosecution case, there is recovery of
35.100 liters of illicit foreign liquor from the house of co-
accused Krishna Kumar. It is alleged that co-accused Krishna
Kumar disclosed that petitioner is the supplier of the said liquor.
It is also alleged that co-accused Krishna Kumar @ Bittu Kumar
had thrown a katta on seeing the police team.
Patna High Court CR. MISC. No.27899 of 2026(2) dt.29-04-2026
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4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case only on the basis of disclosure statement made by the co-
accused Krishna Kumar. He further submits that petitioner was
not present on the spot and no incriminating article has been
recovered from his conscious possession. Learned counsel
submits that except the disclosure statement of the co-accused,
there is no material against the petitioner. Petitioner has no
concern with the alleged seized liquor and the recovery is made
from the house of co-accused with whom petitioner has no
concern. He further submits that petitioner has two criminal
antecedents, in which he is on bail and he undertakes to
cooperate in the investigation and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the
nature of allegation leveled against the petitioner, in the event of
arrest or surrender before the Court below within six weeks
from today, the petitioner be released on bail upon furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount to each to the satisfaction of the
Patna High Court CR. MISC. No.27899 of 2026(2) dt.29-04-2026
3/3
learned Special Judge Excise-I, Khagaria/ concerned Court in
connection with Mansi P.S. Case No.51 of 2026, subject to the
conditions laid down in Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
U T
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