Patna High Court
Rohit Kumar @ AmitversusThe State Of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted as the case was not fit for such relief.
Summary
The petitioner, Rohit Kumar, applied for anticipatory bail fearing arrest in a case involving the receipt of 7,392 litres of illicit liquor, alleged under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution’s co‑accused disclosed the petitioner’s mobile number, linking him to the illegal liquor trade. The court examined whether the circumstances warranted the grant of anticipatory bail. Finding the petitioner’s involvement substantial and the case not suitable for anticipatory relief, the court dismissed the bail application. The petitioner was directed to surrender and seek regular bail, with the court noting that its observations were limited to this bail application and did not prejudice the merits of the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023 and the Bihar Prohibition and Excise Act in view of the alleged receipt of illicit liquor.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- prohibition
- criminal procedure
- bail
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29128 of 2026
Arising Out of PS. Case No.-127 Year-2025 Thana- JALALGARH District- Purnia
======================================================
Rohit Kumar @ Amit S/O Anil Ram Resident Of Village- Khajwatti, Ps-
Bidupur, Dist.- Vaishali At Hajipur
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sachin Kumar, Advocate
For the State : Ms.Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Jalalgarh P.S. Case No. 127 of 2025 instituted under
Sections 318(4) of the Bharatiya Nyaya Sanhita, 2023 and
Section 30(a) of the Bihar Prohibition and Excise Act.’
3. For a huge recovery of 7392 litres of illicit liquor,
the name of the petitioner has surfaced in the investigation. The
petitioner was the recipient of the illicit liquor and his mobile
number has been disclosed by the co-accused who has been
arrested.
4. Considering the above, this is not a fit case for
grant of anticipatory bail.
5. Accordingly, the application stands dismissed.
Patna High Court CR. MISC. No.29128 of 2026(2) dt.07-05-2026
2/2
6. The petitioner may surrender and pray for regular
bail before the concerned Court below.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.