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Patna High Court

Rohit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted as the petitioner was not found to be in possession of the seized liquor and the earlier bail to co‑accused indicated no substantial risk of flight or tampering.

Summary

Rohit Kumar was arrested on 20 January 2026 for alleged involvement in the seizure of 222 litres of illicit country-made liquor, charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He sought bail, arguing that the liquor was recovered from the vehicle and not from his conscious possession, and that he was merely standing near the scene. The State opposed bail, contending that he had another similar case pending and that he failed to comply with Sections 103 and 105 of the Bihar Narcotic Substances Act, 2023. The Court noted that co‑accused persons had already been granted bail and that the petitioner’s lack of direct possession weakened the prosecution’s case. Consequently, the Court granted bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding cooperation, attendance, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether the petitioner is entitled to bail despite being present at the scene of the alleged offence.
  • Whether non‑compliance with Sections 103 and 105 of the Bihar Narcotic Substances Act, 2023, bars bail.
  • Whether the existence of another similar case against the petitioner affects the bail application.

Legislation cited

Subjects

  • bail
  • excise
  • illicit liquor
  • seizure
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21402 of 2026
                     Arising Out of PS. Case No.-77 Year-2026 Thana- Excise P.S. District- Aurangabad
                 ======================================================
                 Rohit Kumar S/O Umesh Yadav Resident of Village- Karma Chakha, P.S.-
                 Aurangabad (Muffasil), District- Aurangabad.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Binod Kumar Pandey, Advocate
                 For the Opposite Party/s :        Mr.Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   10-04-2026                    Heard Mr.Binod Kumar Pandey, learned counsel for

                   the petitioner and Mr.Sanjay Kumar, learned A.P.P. for the State.

                                2. The petitioner seeks bail, who is in custody since

                   20.01.2026 in connection with Aurangabad Excise P.S. Case

                   No.77 of 2026, F.I.R. dated 20.01.2026 registered for the

                   offence punishable            under Sections 30(a), 32(3) of Bihar

                   Prohibition and Excise Act.

                                3. Recovery is of 222 liters of illicit country made

                   liquor.

                                4. Learned counsel appearing for the petitioner

                   submits that it appears from the FIR as well as the seizure list

                   that altogether 222 liters of different kind of liquor was

                   recovered from the Tempo in question, nothing has been

                   recovered from conscious possession of the petitioner and
Patna High Court CR. MISC. No.21402 of 2026(2) dt.10-04-2026
                                            2/3




          petitioner has been made accused in the present case merely on

          the ground that he was standing near the place of occurrence

          and there is non-compliance of Sections 103 and 105 of BNSS,

          2023 and co-accused person, namely, Ranjan Kumar and Anr.,

          who were apprehended alongwith the petitioner,            have been

          granted bail by this Court vide order dated 11.03.2026 passed in

          Cr. Misc. No.16056 of 2026 and the petitioner is in custody

          since 20.01.2026.

                       5. Learned APP for the State has opposed the prayer

          for bail of the petitioner and submits that the petitioner carries

          one more case of similar nature other than the present one but

          fairly submits that the petitioner is on bail in the said case, as

          mentioned in para-3 of the bail petition.

                       6. Considering the aforesaid fact, 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 learned Special Judge, Excise-II,

          Aurangabad in connection with Aurangabad Excise P.S. Case

          No.77 of 2026, with 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
               Patna High Court CR. MISC. No.21402 of 2026(2) dt.10-04-2026
                                                           3/3




                         on his/her absence on two consecutive dates without sufficient

                         reason, his/her 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)
Nitesh/-

U          T


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