Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of antecedent.
Summary
The petitioner, Rohit Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 41.6 litres of liquor from two motorcycles. He argued he has a clean antecedent, was not in possession of the liquor, and was merely the owner of one of the seized vehicles, unaware of its misuse by another individual. The State opposed the bail, contending the seriousness of the offence. The Court, applying Section 438(2) of the Criminal Procedure Code, granted provisional anticipatory bail conditioned on a Rs.500 bond, two sureties, and verification of the petitioner’s antecedent within six weeks. The order stipulates that if any antecedent is discovered, the bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438(2) CrPC in the context of alleged possession of illicit liquor.
- Whether ownership of the vehicle used in the alleged offence implicates the petitioner sufficiently to deny bail.
- Whether the petitioner’s clean antecedent and lack of direct possession justify the grant of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30
- Bihar Prohibition and Excise Act
- vehicle ownership
- clean antecedent
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60867 of 2025
Arising Out of PS. Case No.-145 Year-2025 Thana- KUCHAIKOTE District- Gopalganj
======================================================
Rohit Kumar Son of Harilal Prasad Resident of Village - Uchka Ganw, P.S.-
Kuchaikote, District - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Harshvardhan, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-01-2026 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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 41.600 litres of liquor from two different
motorcycles.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner came to be implicated based on the fact that he is
owner of one of the seized vehicles. It is next submitted that no
prudent person would use his own vehicle for committing an
Patna High Court CR. MISC. No.60867 of 2025(3) dt.06-01-2026
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occurrence and thus would create evidence against himself and
hence would get implicated. It is also submitted that petitioner
was completely unaware that Vikash Kumar Yadav would
misuse the vehicle in the manner as alleged who was also
apprehended from the spot.
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, let 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
Kuchaikote P.S. Case No. 145 of 2025, subject to the conditions
as laid down under Section 438 (2) of the Cr.P.C.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of even one case, it
would be presumed that petitioner had concealed his antecedent
before this Court at para 3 of the anticipatory bail application in
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that event the provisional anticipatory bail order shall not be
confirmed but if it is found on verification that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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