Patna High Court
Rohit KumarversusThe Sate of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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
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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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