Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to a cash bond, sureties, and compliance with conditions under Section 480(3) of the BNSS.
Summary
The petitioner, Rohit Kumar, was arrested as the driver of an electric auto that was intercepted with 337 litres of illicit mahua liquor, alleged under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. He claimed he was merely a hired driver and had no knowledge of the liquor, asserting his innocence and clean criminal record. The State opposed bail, arguing the seriousness of the offence. The court considered the nature of the allegation, the petitioner’s lack of prior convictions, and the length of his custody since 6 March 2026. Finding no compelling reason to deny bail, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS. The bail order also required the petitioner’s presence at all court dates and stipulated cancellation of bail upon repeated non‑appearance.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition & Excise Act, 2016 considering the nature of the offence and the accused’s custody period.
- Whether the petitioner’s claim of innocence and clean antecedent warrant bail despite the seizure of a large quantity of illicit liquor.
Legislation cited
- Bihar Negotiable Securities (or related) Statutes — s. 480(3)
- Bihar Prohibition & Excise Act, 2016 — s. 30(a)
Subjects
- bail
- excise law
- illicit liquor
- Section 30(a)
- Bihar Prohibition & Excise Act
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25686 of 2026
Arising Out of PS. Case No.-142 Year-2026 Thana- AMARPUR District- Banka
======================================================
Rohit Kumar Son of Ramdev Kapari R/o Vill.- Gauripur (Ghogha), P.S.-
Amarpur, District - Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Arun Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Amarpur P.S. Case No. 142 of 2026 registered
for the alleged offences under Section 30(a) of the Bihar
Prohibition & Excise Act, 2016.
03. As per prosecution case, an information was
received about transportation of illicit liquor on an electric auto.
The police intercepted the said vehicle and the petitioner, said to
be the driver of the vehicle, was apprehended and the co-
accused sitting in the backseat fled away. On search of the
vehicle, recovery of 337 liters of country made mahua liquor
was made.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.25686 of 2026(2) dt.17-04-2026
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case. The petitioner has taken the electric auto on rent for
running it and he had no knowledge about the illicit liquor kept
in the auto by the passenger. Learned counsel further submits
that petitioner has got no criminal antecedent and is in custody
since 06.03.2026.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of allegation and further considering the period of
custody of the petitioner and his clean antecedent, the petitioner
above named, is directed to be released on bail on furnishing
bail bonds of Rs. 10,000/- (ten thousand) with two sureties of
the like amount each to the satisfaction of learned Exclusive
Special Judge, Excise Court no. 1, Banka/court concerned in
connection with Amarpur P.S. Case No. 142 of 2026, subject to
the conditions mentioned in Section 480(3) of BNSS and the
following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
Patna High Court CR. MISC. No.25686 of 2026(2) dt.17-04-2026
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(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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