Patna High Court
CR. MISC./58794/2026 of Rohit Kumar Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58794 of 2026 Arising Out of PS. Case No.-210 Year-2026 Thana- DEV District- Aurangabad ====================================================== Rohit Kumar Son of Kanhai Baheliya Resident of Village- Rasulganj, Kasman, P.S.- Deo, District-
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58794 of 2026
Arising Out of PS. Case No.-210 Year-2026 Thana- DEV District- Aurangabad ======================================================
Rohit Kumar Son of Kanhai Baheliya Resident of Village- Rasulganj, Kasman, P.S.- Deo, District- Aurangabad (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Uma Kant Mishra, Adv.
For the Opposite Party/s :
Mr. Gauri Shankar Gupta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORAL ORDER
19-08-2026 Heard learned Advocate for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Deo P.S. Case No.210 of 2026 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Suspecting that the rider of a motorcycle was carrying illicit material, the police attempted to apprehend him; however, he allegedly managed to flee away after abandoning the motorcycle. During the course of search, 10 litres of illicit country-made Mahua liquor was allegedly recovered from the dickey of the said motorcycle.
4. Learned Advocate for the petitioner submitted that the petitioner has been implicated in the present case by virtue Patna High Court CR. MISC. No.58794 of 2026(2) dt.19-08-2026
of he being the registered owner of the motorcycle in question. It is submitted that, on the alleged date of occurrence, the motorcycle had been taken away by one Dharmendra Shikari on the pretext of bringing some medicine, and the petitioner had no knowledge that the said motorcycle would be used for any illicit purpose. There is no compliance of Sections 103(4) and 105 of the BNSS. It is further argued that the petitioner has clean antecedent, which indicates that he has never been involved in any such activity. There is no other material on record which attracts the rigors provided under Section 76(2) of the Bihar Prohibition and Excise Act, 2016.
5. On the other hand, learned APP for the State, vehemently opposed the prayer for anticipatory bail and submitted that the use of the petitioner's motorcycle in the commission of the alleged offence, coupled with the recovery of illicit liquor therefrom, clearly indicates his complicity in the offence.
6. Having considered the submissions advanced on behalf of the respective parties and taking note of the fact that there is no material indicating the presence of the petitioner at or near the place of occurrence and prima facie it appears that the petitioner has been implicated primarily on the ground that he is Patna High Court CR. MISC. No.58794 of 2026(2) dt.19-08-2026
the owner of the motorcycle from which the alleged recovery was made, besides there is non-compliance of the statutory requirements prescribed under Sections 103(4) and 105 of the BNSS, as well as the absence of material presently available on record attracting the rigors provided under Section 76(2) of the Bihar Prohibition and Excise Act, 2016, so as to disentitle the petitioner from the privilege of anticipatory bail, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge- cum-Exclusive Special Judge, Excise Court No.01, Aurangabad (Bihar) in connection with Deo P.S. Case No.210 of 2026, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioner.
rohit/- (Harish Kumar, J) U T