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Patna High Court

Rohit Kumar Yadav @ Rohit YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedent and compliance with bail conditions.

Summary

The petitioner, Rohit Kumar Yadav, was implicated in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of large quantities of liquor. He applied for anticipatory bail, asserting a clean criminal record and that the alleged liquor was recovered from a public area, not from his possession. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a modest bail bond and two sureties, subject to verification of the petitioner’s antecedent within six weeks. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed. The decision hinged on the application of Section 482(2) of the BNSS and principles governing anticipatory bail.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioner under Section 30(a) of the Bihar Excise Act?
  • Whether the petitioner’s alleged lack of possession and clean antecedent justify provisional anticipatory bail?

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30
  • Section 482
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.46344 of 2026
                        Arising Out of PS. Case No.-242 Year-2026 Thana- MANJHI District- Saran
                 ======================================================
                 Rohit Kumar Yadav @ Rohit Yadav Son of Saheb Yadav Resident of Village-
                 Jai Chapra, P.S.- Manjhi, District- Saran at Chapra.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Chandra Mohan Jha, Advocate
                 For the Opposite Party/s :       Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   14-07-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 129 liters of liquor from a place near bank of Saryu

                   river and 3.75 liters of liquor from possession of Mala Devi.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and even alleged

                   recovery is from a place which does not belong to the petitioner

                   and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.46344 of 2026(2) dt.14-07-2026
                                            2/3




          at the instance of local person, but then the name of the person

          who disclosed the name of the petitioner is not disclosed in the

          FIR which casts an aspersion on the case of the prosecution

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          500/- (Rupees Five Hundred) with two sureties of the like

          amount each to the satisfaction of the learned Trial Court where

          the case is pending/successor court in connection with Manjhi

          P.S. Case No. 242 of 2026 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and

          in the event if it is found that petitioner has antecedent of even

          one case then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his

          antecedent before this Court, as such, the provisional

          anticipatory bail order shall not be confirmed, but after
            Patna High Court CR. MISC. No.46344 of 2026(2) dt.14-07-2026
                                                        3/3




                      verification if it is found that petitioner is a person with clean

                      antecedent in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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