Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
Rohit Kumar was arrested on 29 January 2026 in connection with a case of illicit country-made liquor seized from the field of Sanjay Singh, where police alleged he and another person were involved in transporting 194.7 litres of liquor. The petitioner claimed he has a clean antecedent, was not found in possession of the liquor, and was implicated only on suspicion. He also contended that the investigation failed to comply with the mandatory provisions of Sections 103 and 105 of the Bihar Narcotic Substances (Suppression) Act, 2023. The prosecution opposed bail, arguing the seriousness of the offence under Section 30(a) of the Bihar Liquor Prohibition and Excise Amendment Act, 2022. The High Court, noting the petitioner’s clean record, lack of personal recovery, and procedural lapses, granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged involvement in illicit liquor trafficking under Section 30(a) of the Bihar Liquor Prohibition and Excise Amendment Act, 2022.
- Whether the failure to comply with Sections 103 and 105 of the Bihar Narcotic Substances (Suppression) Act, 2023, warrants bail.
- Whether the petitioner’s clean antecedent and lack of personal recovery of liquor justify granting bail.
Subjects
- bail
- illicit liquor
- excise law
- Section 30(a)
- BNSS 2023
- criminal antecedent
- procedural non‑compliance
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22354 of 2026
Arising Out of PS. Case No.-22 Year-2026 Thana- KUTUMBA District- Aurangabad
======================================================
Rohit Kumar Son of Sohan Singh Resident of Village- Erka, P.S.- Kutumba,
District- Aurangabad
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Bindeshwar Prasad Singh
For the Opposite Party/s : Mr.Suresh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
29.01.2026 in connection with Kutumba P.S. Case No. 22 of
2026 for the offence punishable under Section 30(a) of Bihar
Liquor Prohibition and Excise Amendment Act, 2022.
3. The prosecution case in brief is that one Miku
Kumar, S.I police Kutumba gave himself statement before
officer in Charge Kutumba Police Station on 28.1.2026 alleging
therein that the alleged date of occurrence at 10.30 hours he was
on Gusty Duty along with his police party then at 12.20 hours
received secret information that liquor is being transported by
tempu to the village Chakwa and hidden the said liquor in the
field of Sanjay Singh under paddy straw then the said
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information he along with his police party reached there and
saw that a tempu was parked in the field and said to have seeing
the police party ,two persons got down from Tempo and started
running away. There after with help of police the said two
persons were apprehended who disclosed their name Rohit
Kumar and prince Kumar and on search said to have 194.7
litters illicit country made liquor was recovered in the field from
straw lying in the field of Sanjay Singh. Thereafter seizure list
has prepared.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and is innocent and he has
falsely been implicated in the present case. Learned counsel for
the petitioner submits that it appears from the FIR that
altogether 194.7 litters illicit country made liquor was recovered
from the field of Sanjay Singh and petitioner has been made an
accused on the basis of suspicion and there is non-compliance of
mandatory provisions of Sections 103 and 105 of BNSS, 2023
and petitioner is in custody since 29.01.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that petitioner is a person with clean antecedent and the fact that
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nothing has been recovered from the possession of the petitioner
and the recovery has been made from the field of Sanjay Singh
and there is non-compliance of mandatory provisions of
Sections 103 and 105 of BNSS, let the petitioner, above named,
be released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned District and Additional Sessions
Judge-cum-Exclusive Special Judge, Excise Court No.-1,
Aurangabad in connection with Kutumba P.S. Case No. 22 of
2026, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
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cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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