Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner subject to a bond and sureties.
Summary
Rohit Kumar was arrested in connection with a case under section 30(a) of the Bihar Prohibition and Excise Act, 2016 after 20 litres of country liquor were recovered from a motorcycle he was driving. He contended that no incriminating article was found in his personal possession and that he was falsely implicated because of his prior criminal record. He had been in custody since 23‑02‑2026 and applied for regular bail, undertaking to cooperate with the investigation. The State opposed the bail application. After hearing both sides, the court considered the allegations in the FIR and the length of his detention, and ordered that he be released on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount, subject to the satisfaction of the 2nd Exclusive Special Excise Judge, Saran at Chapra.
Issues considered
- Whether the petitioner is entitled to regular bail under section 30(a) of the Bihar Prohibition and Excise Act, 2016 given the circumstances of the case.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- bail
- Bihar Prohibition and Excise Act
- section 30(a)
- regular bail
- criminal procedure
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28651 of 2026
Arising Out of PS. Case No.-60 Year-2026 Thana- NAYAGAON District- Saran
======================================================
Rohit Kumar S/O Late Asharfi Rai @ Late Ashrfi Ray R/O Village-
Parmanandpur, P.S-Sonepur, Dist-Saran
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeet Kumar Singh, Advocate
For the Opposite Party/s : Mr. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 06-05-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Nayagaon P.S. Case No.
60 of 2026 registered under section-30(a) of Bihar Prohibition
and Excise Act, 2016.
3. As per the prosecution case, 20 litres of country
liquor was recovered from the motorcycle being driven by this
petitioner.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered either from his
possession or from the motorcycle. He has falsely been
implicated in the case because of his criminal antecedent. He is
in custody since 23-2-2026 and undertakes to cooperate in the
investigation/trial.
Patna High Court CR. MISC. No.28651 of 2026(2) dt.06-05-2026
2/2
5.This application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
having perused the contents of the petition, taking into
consideration the allegations against the petitioner in the F.I.R.
together with the fact that the petitioner has been in custody
since 23.2.2026, the Court directs the petitioner to be enlarged
on bail in connection with Nayagaon P.S. Case No. 60 of 2026
on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned 2nd Exclusive Special Excise Judge, Saran at Chapra.
(Partha Sarthy, J)
A.K.V.//-
U T
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