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Patna High Court

Rohit Kumar @ Rohit ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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