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Patna High Court

Rohit KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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