Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to specified conditions and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Rohit Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning alleged recovery of 42 litres of liquor concealed near his relative's house. He argued that the liquor was not in his conscious possession, the recovery site did not belong to him, and the investigation relied on secret information without proper inquiry. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and a deposit of Rs.2,500 to the High Court Legal Services Committee, subject to verification of the petitioner’s criminal antecedent. The order stipulated that if more than two prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed. The trial court was directed to verify the antecedent and act accordingly.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Excise Act.
- Whether the conditions imposed under Section 482(2) of the BNSS are appropriate.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- Section 482
- criminal antecedent
- liquor seizure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5192 of 2026
Arising Out of PS. Case No.-20 Year-2025 Thana- VISHAMBHARPUR District- Gopalganj
======================================================
Rohit Kumar S/O Gamha Mahto Resident of Village - Tiwari Mitihiniya, P.S-
Bishambharpur, District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Harshvardhan
For the Opposite Party/s : Mr.Nityanand
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-02-2026 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 the
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 42 litres of liquor concealed under
straw near the house of Gamha Mahto.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and he came to be implicated based on secret information which
Patna High Court CR. MISC. No.5192 of 2026(2) dt.02-02-2026
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is the easiest way to implicate someone. It is further submitted
that once an accused is implicated in a case relating to excise,
the police starts implicating mechanically either at the instance
of Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
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.
10,000/- (Rupees Ten Thousand) 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
Vishambharpur P.S. Case No. 20 of 2025, 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 more
than two cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
Patna High Court CR. MISC. No.5192 of 2026(2) dt.02-02-2026
3/3
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of two
cases in that event the provisional anticipatory bail order shall
be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to deposit
an amount of Rs. 2,500/- with Patna High Court Legal Services
Committee, Patna within a period of two weeks from today.
(Satyavrat Verma, J)
Sumit/-
U T
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