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Patna High Court

Rohit Kumar @ AmitversusThe State Of Bihar

Decided
Disposal
DISMISSED

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

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


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