Patna High Court
Rohit Kumar @ Rohit ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
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
2/3
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.