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Patna High Court

Rohit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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