Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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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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