Patna High Court
Rohit Kumar @ Rohit Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- B.N.S.S. — s. 103
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
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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
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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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