Patna High Court
Rohit Singh @ Rohit Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court held that anticipatory bail is appropriate and granted it to the petitioners subject to statutory conditions.
Summary
The petitioners, Rohit Singh and Kundan Kumar, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Prohibition and Excise Amendment Act after police seized 144 litres of foreign liquor near their residence and lodged an FIR. They contended that no liquor was in their conscious possession and that they were falsely implicated due to personal enmity. Relying on the Patna High Court Full Bench decision in Ram Vinay Yadav v. State of Bihar, they argued that anticipatory bail can be granted despite the statutory bar in Section 76(2) if the FIR does not disclose a cognizable offence. The State opposed, citing the petitioners' criminal antecedents. The Court, after considering the submissions and the precedent, granted anticipatory bail subject to conditions under Section 438(2) of the Cr.P.C., including bail bonds, sureties, regular appearances before police and court, and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Amendment Act despite the bar under Section 76(2).
- Whether the allegations in the FIR constitute an offence under Section 30(a) of the Act.
- Whether the petitioners' prior criminal antecedents preclude the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a), 76(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Amendment Act
- Section 30(a)
- Section 438 CrPC
- criminal antecedent
- false implication
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34982 of 2026
Arising Out of PS. Case No.-107 Year-2026 Thana- PANAPUR District- Saran
======================================================
1. Rohit Singh @ Rohit Kumar Singh Son of Nageshwar Singh Resident of
village- Khajuri Ps- Pananpr District -Saran
2. Kundan Kumar son of Suresh Pandit Resident of village- Khajuri Ps-
Pananpr District -Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prasoon Kumar, Adv.
For the Opposite Party/s : Ms.Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 20-05-2026 1. Heard the parties through virtual mode.
2. The petitioners are apprehend their arrest in
connection with Panapur P.S. Case No. 107 of 2026 instituted
under Section 30(a) of the Bihar Prohibition and Excise
Amendment Act.
3. As per the prosecution story, the police, on secret
information, raided the basbari (jhadi) near the house of the
petitioners and there is recovery/seizure 144 liters of foreign
liquor. This led to the FIR.
4. Learned counsel for the petitioner submits that
nothing has been recovered from their conscious possession and
that they have been falsely implicated only because of criminal
Patna High Court CR. MISC. No.34982 of 2026(2) dt.20-05-2026
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antecedent and due to enmity.
5. Further, learned counsel for the petitioner relied on
the judgment of the Full Bench of Hon’ble Patna High Court in
the case of Ram Vinay Yadav vs. State of Bihar reported in
2019(2) PLJR 1089 wherein it has been held that an application
for anticipatory bail in a case arising our of Bihar Excise and
Prohibition Act can be maintained, despite the bar under Section
76(2) of the Act, if on the basis of allegation made in the FIR,
no offence under the said provision is made out.
6. Learned APP, Ms. Suman Kumari Singh opposes
the prayer submitting that he has criminal antecedent.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that the place of recovery, FIR is there, there shall be facing
a trial., in that background this Court is inclined to extend him
the privilege of anticipatory bail.
8. Let the petitioners be released on bail, in the event
of their arrest or surrender before the concerned court within a
period of four weeks from the receipt of this order, on furnishing
bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each in connection with Panapur P.S. Case No.
107 of 2026 to the satisfaction of learned Exclusive Special
Patna High Court CR. MISC. No.34982 of 2026(2) dt.20-05-2026
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Excise Judge, 2nd Court, Saran at Chapra subject to the
conditions as laid down under Section 438(2) of the Cr.P.C. as
also the other conditions.
(i) one of the bailor should be the family
member/relative of the petitioners who shall provide official
document (Aadhar Card/Driving License/Voter ID/Pan Card
etc.) to show his/her bona fide;
(ii) the petitioners shall be appearing before the police
station as and when required for cooperating in the
investigation;
(iii) the petitioners shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of their bail bond by the Trial Court itself;
(iv) the petitioners shall appear before the concerned
police station every day for one month and later every fortnight
for next six months to mark their attendance and at the end of
the period a certificate be submitted before the Trial Court
failing which the State shall be at liberty to take steps for
cancellation of bail bonds;
(v) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
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failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioners shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Rajiv Roy, J)
Nirmal/-
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