Patna High Court
CR. MISC./57646/2026 of MONTY KUMAR @ ROHIT KUMAR Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57646 of 2026 Arising Out of PS. Case No.-216 Year-2026 Thana- WAJIRGANJ District- Gaya ====================================================== Monty Kumar @ Rohit Kumar Son Of Late Nandu Singh @ Bimlesh Singh R/O Village- Vishunpur, P.S.-
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57646 of 2026
Arising Out of PS. Case No.-216 Year-2026 Thana- WAJIRGANJ District- Gaya ======================================================
Monty Kumar @ Rohit Kumar Son Of Late Nandu Singh @ Bimlesh Singh R/O Village- Vishunpur, P.S.- Wazirganj, District- Gaya.
... ... Petitioner/S
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Nafisu Zzoha
Mr. Nasar Iqbal
Ms. Ritu Sinha
For the Opposite Party/s :
Mr. Mritunjay Kumar Nirala
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
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ORAL ORDER
19-08-2026
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 200 litres of liquor from a place near house of Lalit Manjhi.
4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even alleged recovery is from a place, which does not belong to the petitioner Patna High Court CR. MISC. No.57646 of 2026(2) dt.19-08-2026
and is accessible to public at large and he has no concern or relation with Lalit Manjhi and he came to be implicated at the instance of local person, but the name of the person, who disclosed the name of the petitioner is not disclosed in the F.I.R., which casts an aspersion on the case of the prosecution.
5. Learned A.P.P. opposes the anticipatory bail application.
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 Court below within a period of six weeks, is directed to be released on provisional anticipatory bail on his furnishing bail-bonds in the sum 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 Wazirganj P. S. Case No.216 of 2026, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of even one case, then it Patna High Court CR. MISC. No.57646 of 2026(2) dt.19-08-2026
would be presumed that petitioner for the purposes of obtaining anticipatory bail had concealed his antecedent before this Court, in that event, the present provisional anticipatory bail order shall not be confirmed, but if on verification, it is found that petitioner is a person with clean antecedent, in that event, the provisional anticipatory bail order shall be confirmed forthwith.
vikash/- (Satyavrat Verma, J) U T