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Patna High Court

Rohit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, finding insufficient grounds for continued detention.

Summary

Rohit Kumar was arrested on 6 January 2026 in connection with an excise case involving the seizure of 103.68 litres of foreign liquor. He was charged under Sections 30(a), 41 and 56(b) of the Bihar Prohibition and Excise Act, 2018. The petitioner argued that the liquor was recovered from the tempo and not from his conscious possession, that he was neither the driver nor the owner, and that the investigation failed to comply with Sections 103 and 105 of the BNSS. The prosecution opposed bail, citing the petitioner’s presence at the scene and a prior criminal antecedent. The High Court, noting the lack of possession and procedural lapses, granted bail on a bond of Rs.10,000 with two sureties and imposed standard conditions for cooperation and non‑tampering.

Issues considered

  • Whether bail should be granted when the accused is not in conscious possession of the seized liquor
  • Whether non‑compliance with Sections 103 and 105 of the BNSS warrants denial of bail
  • Whether the petitioner’s prior criminal antecedent precludes bail

Legislation cited

  • BNSS — s. 103, 105

Subjects

  • bail
  • excise
  • possession
  • procedural compliance
  • criminal antecedent
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16645 of 2026
                        Arising Out of PS. Case No.-71 Year-2026 Thana- Excise P.S. District- Patna
                 ======================================================
                 Rohit Kumar S/o Late Upendra Shahni Resident of Nabbe Feet, Police
                 Station- Patrakarnagar, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Ravi Shanker Pankaj, Advocate
                 For the Opposite Party/s :         Ms. Sharda Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   16-03-2026                        Heard Mr. Ravi Shanker Pankaj, learned counsel

                   for the petitioner and Ms. Sharda Kumari, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   06.01.2026 in connection with Excise P.S. Case No. 71 of 2026,

                   F.I.R. dated 05.01.2026 for the offences punishable under

                   Section 30(a), 41 and 56(b) of the Bihar Prohibition and Excise

                   Act, 2018.

                               3. Recovery is of 103.680 liters of foreign liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case merely on the basis of suspicion. He further

                   submits that it appears from the F.I.R. as well as seizure list that

                   nothing has been recovered from the conscious possession of
Patna High Court CR. MISC. No.16645 of 2026(2) dt.16-03-2026
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          the petitioner rather the recovery has been made from tempo in

          question and the petitioner is neither the driver nor the owner of

          the said tempo. He further submits that there is non-compliance

          of Section 103 and 105 of BNSS. The petitioner is in custody

          since 06.01.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that the petitioner was apprehended at the place of

          occurrence and the petitioner carries one criminal antecedent

          other than the present one but fairly submits on the basis of

          paragraph-3 of the bail application that the petitioner is on bail

          in the said matter.

                       6. Considering the aforesaid facts and circumstances

          and fact that nothing has been recovered from the conscious

          possession of the petitioner and there is non-compliance of

          Section 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 Special Judge, Excise-III, Patna in

          connection with Excise P.S. Case No. 71 of 2026, subject to the

          following conditions:-

                        i. Petitioner shall co-operate in the trial and shall be
            Patna High Court CR. MISC. No.16645 of 2026(2) dt.16-03-2026
                                                        3/3




                       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

                      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)
Suruchi/-

U      T


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