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Patna High Court

Rohit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the petition for anticipatory bail, granting it subject to specified conditions.

Summary

Rohit Kumar sought anticipatory bail after the police alleged his involvement in the sale of illicit liquor under Section 30(a) of the Bihar Prohibition & Excise Act. The FIR was based on a secret tip, leading to a raid that recovered 52.5 litres of foreign liquor from an open field and 6.75 litres from the petitioner’s shop, after which he allegedly fled. The petitioner contended that the field did not belong to him, no independent witness testified to the seizure, and he had no prior similar convictions, though one case was pending. The State opposed the bail, arguing the seriousness of the offence. The High Court, applying Section 438(2) of the CrPC read with Section 482(2) of the B.N.S.S., granted anticipatory bail subject to stringent conditions, including surety, personal appearance, and regular reporting to the Superintendent of Police. The order directed the petitioner to appear before the police periodically and allowed bail cancellation if conditions were breached.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC for alleged offences under the Bihar Prohibition & Excise Act.
  • Whether the alleged recovery of liquor from an open field and the petitioner’s shop suffices to deny bail.
  • Whether the absence of an independent witness and lack of prior similar convictions justify granting bail.
  • What conditions may be imposed on anticipatory bail in such cases.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Bihar Prohibition & Excise Act
  • illicit liquor
  • bail conditions
  • seizure
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85586 of 2025
                        Arising Out of PS. Case No.-138 Year-2025 Thana- BARHAT District- Jamui
                 ======================================================
                 Rohit Kumar S/O Nandlal Bhagat @ Bholu Bhagat @ Bhelu Bhagat R/O Vill
                 - Bhaluka,P.S - Barhat,Dist- Jamui
                                                                        ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Umesh Prasad, Advocate
                 For the Opposite Party/s :       Mr. Khurshid Anwar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   15-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner apprehends his arrest in connection with

                   Barhat P.S. Case No. 138 of 2025 registered for the offences

                   under Sections 30(a) of the Bihar Prohibition & Excise Act.

                                3. As per the F.I.R., the informant received secret

                   information that the petitioner was engaged in the sale of illicit

                   liquor. On receiving such information, a raid was conducted and

                   a total quantity of 52.500 litres of foreign liquor was allegedly

                   recovered from a field situated near the old poultry farm.

                   Subsequent thereto, the police conducted a raid in the shop of

                   the petitioner from where 6.750 litres of liquor was allegedly

                   recovered and the petitioner is alleged to have fled from the

                   spot.

                                4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.85586 of 2025(2) dt.15-01-2026
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          petitioner submits that the petitioner has falsely been implicated

          in the present case and that no recovery, as alleged, has been

          made from his conscious possession. It has further been

          submitted that the alleged recovery of 52.50 litres of liquor was

          made from a field near the old poultry farm, which neither

          belongs to the petitioner nor is in his possession and is

          admittedly an open and accessible place by all. It has next been

          submitted that there is no independent witness to the alleged

          search and seizure. It has lastly been submitted that the

          petitioner does not carry any criminal antecedent of similar

          nature, though there is one case pending against him.

                       5. Learned APP for the State has vehemently opposed

          the prayer for anticipatory bail.

                       6. Considering the aforesaid submission, facts and

          circumstances of the case, let the petitioner above named be

          released on anticipatory bail, in the event of arrest or surrender

          before the learned Court below within a period of four weeks

          from today, on furnishing bail bonds of Rs.10,000/-(ten

          thousand) with two sureties of the like amount each to the

          satisfaction of the learned Court below where the case is

          pending/successor court in connection with Barhat P.S. Case

          No. 138 of 2025 subject to the conditions as laid down under
Patna High Court CR. MISC. No.85586 of 2025(2) dt.15-01-2026
                                            3/4




          Section 438(2) of the Code of Criminal Procedure read with

          corresponding Section 482(2) of B.N.S.S. as well as subject to

          the following conditions:-

                          (i) One of the bailors of the petitioner shall be his

                          close relative.

                          (ii) The petitioner shall remain physically present

                          in Court on each date of the trial.

                          (iii) In case of absence on two consecutive dates, or

                          in violation of the terms of the bail, the bail bond of

                          the petitioner will be liable to be cancelled by the

                          Court concerned.

                          (iv) If the petitioner is found involved in similar

                          nature of offence in future, the prosecution shall be

                          at liberty to move for cancellation of his bail bond.

                          (v) The learned Court below shall verify the

                          criminal antecedent of the petitioner and in case at

                          any stage it is found that the petitioner has

                          concealed his criminal antecedent, the court below

                          shall take step for cancellation of bail bond of the

                          petitioner. However, the acceptance of bail bonds in

                          terms of the above-mentioned order shall not be

                          delayed for purpose of or in the name of
           Patna High Court CR. MISC. No.85586 of 2025(2) dt.15-01-2026
                                                       4/4




                                     verification.

                                     (vi) In view of the antecedents of the petitioner,

                                     the petitioner is directed to appear before the

                                     Superintendent of Police, Jamui within fifteen

                                     days of his release with a copy of this order and

                                     every two weeks thereafter for the next nine

                                     months. The conduct of the petitioner will be

                                     kept under watch in this period by the

                                     Superintendent of Police concerned and if it is

                                     found wanting in any respect, a report shall be

                                     made to the court concerned by him to initiate a

                                     proceeding for cancellation of bail for reasons

                                     of misuse of bail. After reporting to the

                                     Superintendent of Police, a certificate will be

                                     filed by the petitioner before the court

                                     concerned.

                                  7. Accordingly, the prayer for anticipatory bail is

                     allowed.



                                              (Sourendra Pandey, J)
aditya/-

U


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