Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that, given the serious allegations that the petitioner hosted a party where spurious liquor caused deaths, bail could not be granted at this stage.
Summary
The petitioner, Rohit Kumar, was charged under sections 109, 123, 103(1), 61(2), 3 and 5 of the Bihar Narcotic Substances Act for allegedly hosting a party where three attendees died after consuming spurious liquor containing methyl alcohol. The petitioner argued he was merely an invitee and that the deaths were due to the poisonous liquor, not any act of his. The informant contended that the petitioner organized the party and cited the denial of bail to a co‑accused as precedent. The court examined the seriousness of the allegations, the presence of toxic alcohol, and the stage of the trial, noting that three witnesses had been examined and the trial was expected to conclude within nine months. Consequently, the court refused bail at this stage but allowed the petitioner to renew his bail application after nine months if the trial remained pending.
Issues considered
- Whether regular bail should be granted to the petitioner pending trial for offences under the Bihar Narcotic Substances Act.
- Whether the allegation that the petitioner hosted a party where spurious liquor caused deaths justifies denial of bail.
- Whether the bail denial to a co‑accused is determinative for the petitioner’s bail application.
Legislation cited
- Bihar Narcotic Substances Act — s. 103(1), 109, 123, 3, 5, 61(2)
Subjects
- regular bail
- spurious liquor
- methyl alcohol poisoning
- Bihar Narcotic Substances Act
- criminal trial
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2739 of 2025
Arising Out of PS. Case No.-494 Year-2024 Thana- BIDUPUR District- Vaishali
======================================================
Rohit Kumar Son of Shyam Sundar Rai Resident Of Village -Bishanpaltu, Ps-
Bidupur, Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shivjee Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
For the Informant : Mr. Pramod Kumar, Advocate
Mr. Asmita Srivastava, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
5 17-03-2026 Heard learned counsel for the petitioner, informant
and learned APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 109, 123,
103 (1), 61 (2), 3 and 5 of the BNS.
3. The case of the prosecution, in brief, is that on
21.08.2024, the petitioner called the son of the informant to
attend a party. It is alleged that the informant’s son-in-law,
Kamlesh Kumar, the informant’s son, Shaurya Kumar @ Chotu
Kumar, and one Satish Kumar attended the said party. After the
party, all three returned home and went to sleep. Upon being
awakened, they complained that they were unable to see, and
subsequently, all three persons died.
Patna High Court CR. MISC. No.2739 of 2025(5) dt.17-03-2026
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4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that the
only allegation against the petitioner is that he had invited the
deceased persons to the party. It is further submitted that the
party was held at a poultry farm, indicating that the petitioner
was the host. It is further submitted that the postmortem report
does not reveal any ante-mortem injury on the bodies of the
deceased. The viscera was preserved, and as per the FSL report,
methyl alcohol along with ethyl alcohol was detected in the
contents of the glass jar. It is submitted that methyl alcohol is
highly poisonous, whereas ethyl alcohol is the principal
intoxicating ingredient in alcoholic beverages. Therefore, it is
contended that the deaths occurred due to consumption of
spurious liquor containing methyl alcohol.
5. On the other hand, learned counsel for the
Informant submits that the party was hosted by the petitioner
and all arrangements were made by him. It is further submitted
that the bail of a similarly situated co-accused has already been
rejected by a Coordinate Bench of this Court.
6. Considering the aforesaid facts and circumstances,
particularly the allegation that the petitioner had hosted the
Patna High Court CR. MISC. No.2739 of 2025(5) dt.17-03-2026
3/3
party where the deceased persons consumed spurious liquor
leading to their death, this Court is not inclined to grant the
privilege of bail to the petitioner at this stage.
7. However, a report has been called for from the
learned Trial Court regarding the stage of the trial, which
indicates that three witnesses have been examined so far and the
trial is likely to be concluded within nine months.
8. In view of the above, the petitioner is granted
liberty to renew his prayer for bail after nine months, if the trial
is not concluded within the said period.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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