Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the bail application, directing the petitioner’s release on bail subject to specified conditions.
Summary
The petitioner, Rohit Kumar, was arrested in connection with the seizure of 44.8 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. He had been in custody since 25 February 2026 and possessed three prior criminal antecedents. The petitioner offered to donate Rs 25,000 to a charitable organization as a condition for bail, without admitting guilt. The State opposed the bail application. The High Court, after considering the facts, the period of custody and the submissions, allowed the bail application, directing release on a bail bond of Rs 10,000 with two sureties and imposing conditions of a charitable donation and monthly police‑station attendance. The order clarified that its observations were prima facie and not to influence the trial.
Issues considered
- Whether the petitioner is entitled to regular bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act despite prior criminal antecedents and the nature of the offence.
Subjects
- bail
- Bihar Prohibition and Excise Act
- illicit liquor
- criminal antecedents
- charitable donation
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27560 of 2026
Arising Out of PS. Case No.-94 Year-2026 Thana- PARSA District- Saran
======================================================
Rohit Kumar S/o Saroj Ray Resident of Village- Anyay, P.S.- Parsa, District-
Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nalin Kumar
For the Opposite Party/s : Mr. Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed seeking
regular bail in connection with Parsa P.S. Case No. 94 of 2026,
registered for offences punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. As per the prosecution case, 44.800 liters of illicit
liquor have been recovered from the spot. The petitioner is in
custody since 25.02.2026 and has three criminal antecedents.
4. Learned counsel for the petitioner submits that the
petitioner undertakes to donate a sum of Rs. 25,000/- (Rupees
Twenty-Five Thousand only) to a charitable organization,
without prejudice to his defence and without admitting guilt.
5. Learned APP for the State has opposed the prayer
Patna High Court CR. MISC. No.27560 of 2026(2) dt.28-04-2026
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for bail.
6. Having considered the facts and circumstances of
the case, the period of custody, and the submissions advanced
on behalf of the parties, the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Parsa P.S. Case No.
94 of 2026, subject to the following conditions:
(I). The petitioner shall deposit a sum of
Rs. 25,000/- (Rupees Twenty-Five Thousand only)
with Ramakrishna Mission Ashrama, Latu Maharaj
Path, opposite Circuit House, Chapra, Bihar, and
shall produce a valid receipt thereof before the
court below. The bail bonds shall be accepted only
after verification of the genuineness of the said
receipt.
(ii). The petitioner shall mark his
attendance at Parsa Police Station on every
Sunday of each month. In the event of default, the
bail bonds shall be liable to be cancelled.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
Patna High Court CR. MISC. No.27560 of 2026(2) dt.28-04-2026
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shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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