Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 103, 105
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
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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
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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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