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Patna High Court

Rohit Kumar @ Rohit ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail, directing release upon bond and sureties subject to Section 482(2) conditions.

Summary

The petitioner, Rohit Kumar, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, with 7 litres of liquor reportedly recovered from his house. He contended that he was not present at the time of seizure, had no conscious possession of the liquor, and possessed a clean antecedent. He applied for anticipatory bail, while the Additional Public Prosecutor opposed the relief. The court examined the factual submissions and noted that the recovery did not prima facie establish the petitioner's possession of the liquor. Consequently, the court directed that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS. The order was made to be complied with by the Exclusive Special Judge, Excise 4, Gaya.

Issues considered

  • Whether anticipatory bail should be granted when the alleged illicit liquor was not found in the petitioner's conscious possession.
  • Whether the material on record is sufficient to deny bail under the Bihar Prohibition and Excise Act.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 482(2)
  • possession
  • clean antecedent
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.45648 of 2026
                      Arising Out of PS. Case No.-159 Year-2026 Thana- CHANDAUTI District- Gaya
                 ======================================================
                 Rohit Kumar @ Rohit Manjhi son of Late Lalan Manjhi @ Late Sunil Manjhi
                 Resident village- Bangali Bigha PS -Chandauti District -Gaya

                                                                                   ... ... Petitioner
                                                      Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr. Vinod Kumar, Adv.
                 For the Opposite Party :        Mr. Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   10-07-2026                 Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                               2. The accused/petitioner is named in the FIR and

                   apprehending his arrest in connection with Chandauti P.S.

                   Case No.159 of 2026 registered under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                               3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 7 litres of IMFL/country-made liquor.

                               4. It is submitted by learned counsel appearing for

                   the petitioner that recovery of alleged illicit liquor was made

                   from the house of petitioner. It is also submitted name of
Patna High Court CR. MISC. No.45648 of 2026(2) dt.10-07-2026
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          petitioner arrayed solely on the disclosure made by the local

          local people. It is further submitted that petitioner was not

          present at the spot when the alleged liquor was seized. It is

          further submitted that petitioner is not in any way connected

          with the alleged liquor and it can be safely said that recovery

          of illicit liquor was not made from conscious possession of

          this petitioner. Petitioner claimed clean antecedent.

                       5. Learned APP opposed the prayer of anticipatory

          bail to the petitioner.

                       6. In view of aforesaid factual submissions and by

          taking note of the fact as recovery of illicit liquor prima facie

          not appears to be made from physical possession of this

          petitioner, who is a man of clean antecedent, accordingly,

          the petitioner, above-named, in the event of his arrest or

          surrender in the court below within a period of four weeks

          from today, is directed to be released on bail on furnishing

          bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

          sureties of the like amount each to the satisfaction of the

          learned Exclusive Special Judge, Excise 4, Gaya, in

          connection with Chandauti P.S. Case No.159 of 2026,
           Patna High Court CR. MISC. No.45648 of 2026(2) dt.10-07-2026
                                                       3/3




                     subject to the conditions as laid down under Section 482(2)

                     of the BNSS.


                                                      (Chandra Shekhar Jha, J.)

Aniket/-

U      T


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