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Patna High Court

Rohit KumarversusThe Sate of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted anticipatory bail to the petitioner, subject to conditions, under Section 482(2) of the Criminal Procedure Code.

Summary

The petitioner, Rohit Kumar, sought anticipatory bail after being named in an FIR for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, 2022, relating to the seizure of 50 litres of illicit liquor and a mobile phone. The prosecution’s case was based on a secret informant’s tip and the testimony of a local chowkidar who identified the petitioner, although the petitioner was not found at the scene and no items were recovered from his possession. The petitioner argued that he had no involvement, the recovery site was a public area, and there was no material linking him to the offence, also highlighting procedural lapses in the seizure list. The State opposed anticipatory bail, contending that the petitioner was a named accused in the FIR. The Court, after considering the lack of direct evidence and the petitioner’s willingness to surrender, granted anticipatory bail subject to a bail bond and sureties, invoking Section 482(2) of the Criminal Procedure Code. The application was therefore allowed.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Criminal Procedure Code in view of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
  • Whether the petitioner can be held liable for the contravention of Section 30(a) given the absence of direct evidence linking him to the seized liquor and mobile phone.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Criminal Procedure Code
  • Section 482
  • illicit liquor
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9409 of 2026
                     Arising Out of PS. Case No.-393 Year-2025 Thana- PARBATTA District- Khagaria
                 ======================================================
                 Rohit Kumar S/o Hareram Mandal R/o Village- Kajjalwan, Ward No.17, P.S-
                 Parbatta, Dist- Khagaria.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :       Mr. Bishweshwar Ram, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

2   19-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Parbatta P.S. Case No. 393 of 2025 dated

                   19.10.2025 registered for the offences punishable under Section

                   30(a) of the Bihar Prohibition and Excise Act, 2022.

                                3. As per prosecution case, on secret information the

                   informant proceeded to Kajjalwan Ghat and during search total

                   50 liters of country-made liquor and one mobile phone were

                   recovered from the bushes and the local chowkidar disclosed the

                   name of the petitioner, who allegedly fled away from the place

                   of occurrence.

                                4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.9409 of 2026(2) dt.19-02-2026
                                            2/3




          petitioner is innocent and has committed no offence as alleged

          in the F.I.R. and he has falsely been implicated in this case. He

          further submits that petitioner was not found at the place of

          occurrence and nothing has been recovered from the conscious

          possession of the petitioner. He further submits that the place of

          recovery is an open place and same is accessible to all and

          petitioner cannot be held liable for the alleged recovery. It is

          submitted that the petitioner has no concern whatsoever with the

          alleged illicit liquor or the mobile phone said to have been

          recovered. He further submits that the local chaukidar has

          falsely implicated the petitioner in the present case because of

          criminal antecedent of one case in which he is already on bail,

          without any basis and except suspicion there is nothing on

          record to connect the present petitioner with the alleged

          occurrence. Seizure list has not been made as per law. In the

          light of the aforesaid facts and circumstances of the case,

          petitioner cannot be held liable for the same and no offence is

          made out as alleged in the F.I.R. against the petitioner.

                       5. The learned A.P.P. for the State opposes the prayer

          for anticipatory bail of the petitioner and submits that the

          petitioner is F.I.R. named accused hence, he cannot escape from

          the allegation made in the F.I.R.
            Patna High Court CR. MISC. No.9409 of 2026(2) dt.19-02-2026
                                                        3/3




                                   6. Considering the facts and circumstances of the

                      case, petitioner was not found at the place of occurrence,

                      argument advanced on behalf of both sides and also taking into

                      consideration the material available on record, 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 anticipatory bail on furnishing bail bond of Rs.

                      10,000/- (rupees ten thousand) with two sureties of the like

                      amount each to the satisfaction of learned Exclusive Special

                      Excise Judge-II, Khagaria in connection with Parbatta P.S. Case

                      No. 393 of 2025, subject to the conditions as laid down under

                      Section 482(2) of B.N.S.S.

                                   7. The application stands allowed.



                                              (Alok Kumar Pandey, J)
Nilmani/-
U      T


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