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Patna High Court

Rohit Kumar @ Rohit Kumar PaswanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioner is entitled to bail, subject to a bond and sureties, given his age, clean antecedent, and alleged procedural irregularities.

Summary

The petitioner, Rohit Kumar, was arrested in connection with a case involving the seizure of 160 litres of country-made liquor from a motorcycle on which he was riding. He claimed innocence, stating he was not the owner of the motorcycle, had no involvement with the liquor, and that the seizure lacked an independent witness, violating Section 103 of the B.N.S.S. The State opposed bail, citing the seriousness of the offence under Section 30(a) of the Bihar Prohibition and Excise Act. The court considered the petitioner’s young age, clean criminal record, and the length of his custody since January 1, 2026. Balancing these factors, the court granted regular bail on the condition of a Rs. 10,000 bond with two sureties, subject to the satisfaction of the Exclusive Special Excise Court. The order reflects the court’s discretion to release a first‑time offender when procedural lapses and personal circumstances warrant it.

Issues considered

  • Whether the petitioner is entitled to regular bail for an offence under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the alleged violation of Section 103 of the B.N.S.S. regarding the seizure renders the bail application stronger.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • seizure
  • procedural irregularity
  • first-time offender

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11273 of 2026
                       Arising Out of PS. Case No.-318 Year-2025 Thana- SAHPUR District- Bhojpur
                 ======================================================
                 Rohit Kumar @ Rohit Kumar Paswan S/o Dilip Paswan @ Dilip Kumar Ram
                 R/o Village- Shahpur, Ward No. 01, P.S- Shahpur, Dist- Bhojpur.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vivek Kunwar, Advocate
                 For the Opposite Party/s :       Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   17-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Shahpur P.S. Case No. 318 of 2025 for the offences registered

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                                3. There is recovery of 160 litre country made liquor

                   from a motorcycle bearing Registration No. BR44K5630 on

                   which petitioner along with another co-accused were riding.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in this

                   case. He has no concern with the seized liquor. Petitioner is not

                   the owner of the said motorcycle. There is no independent

                   witness to the search and seizure. There is violation of

                   mandatory provisions of Section 103 of the B.N.S.S. Petitioner
              Patna High Court CR. MISC. No.11273 of 2026(2) dt.17-02-2026
                                                          2/2




                        is a young boy having no criminal antecedent. He is in judicial

                        custody since 01.01.2026. He undertakes to co-operate in the

                        trial.

                                     5. Learned counsel appearing on behalf of the State

                        opposes the prayer for grant of bail to the petitioner.

                                     6. Considering the submissions made on behalf of the

                        parties, facts and circumstances of the case, age and clean

                        antecedent of the petitioner and period of custody, let the

                        petitioner, named above, be enlarged on bail upon furnishing

                        bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

                        the like amount each to the satisfaction of learned Exclusive

                        Special Excise Court No.- II, Bhojpur at Ara in connection with

                        Shahpur P.S. Case No. 318 of 2025.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T


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