Rohit Kumar @ Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43453 of 2026 Arising Out of PS. Case No.-48 Year-2026 Thana- Rangara District- Bhagalpur ====================================================== Rohit Kumar @ Mandal S/o Bindeshwari Mandal Resident of village- Gyani das tola, P.S- Rangara, District- Bhagalpur ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Anamika Kumari, Advocate For the Opposite Party :

Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Rangra P.S. Case No.48 of 2026 registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 300.375 litres of IMFL/country-made liquor.

4. It is submitted by learned counsel appearing for the petitioner that the recovery of alleged illicit liquor was made near river Ganga which is an open place accessible to

Patna High Court CR. MISC. No.43453 of 2026(2) dt.03-07-2026 2/3 general public. It is also submitted that name of petitioner arrayed solely on the basis of suspicion as the disclosure has been made by the local people. It is further submitted and petitioner was not present at the place where alleged liquor was seized and also not connected in any manner with the said seized liquor. It can be said that recovery of illicit liquor was not made from conscious possession of this petitioner. Explaining criminal antecedent, it is submitted that the petitioner found involved in two more criminal cases, where he is on bail.

5. Learned APP opposed the prayer of anticipatory bail to the petitioner.

6. In view of aforesaid factual submissions and by taking note of the fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, accordingly, the petitioner, above-named, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.43453 of 2026(2) dt.03-07-2026 3/3 satisfaction of the learned Special Judge Excise, Bhagalpur, in connection with Rangra P.S. Case No.48 of 2026, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.) Aniket/- U T