Patna High Court
Rohit Kumar @ Rohit PaswanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court denied bail, holding that the seriousness of the offence and the petitioner’s antecedents preclude regular bail.
Summary
The petitioner, Rohit Kumar, was arrested in connection with a case involving the illegal transportation of 150 litres of illicit country-made liquor, alleged under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act. He applied for regular bail, claiming false implication and noting that no incriminating articles were found in his possession, though he has eleven prior criminal antecedents and has been in custody since 28‑01‑2026. The State opposed bail, arguing his involvement in the illegal liquor trade. The Court considered the gravity of the offence and the petitioner’s criminal history, and concluded that bail could not be granted. Consequently, the bail application was dismissed.
Issues considered
- Whether bail should be granted to the petitioner under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act given the seriousness of the offence and his criminal antecedents.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal antecedents
- regular bail denial
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29550 of 2026
Arising Out of PS. Case No.-894 Year-2024 Thana- ALAMGANJ District- Patna
======================================================
Rohit Kumar @ Rohit Paswan S/o Jawahar paswan R/o Adarsh Colony,
Mittan Ghat, P.S. - Khajekala, Distt. - Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Rai, Advocate
For the Opposite Party/s : Ms.Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Alamganj P.S. Case No. 894/2024 registered for the offences
punishable under Sections 30(a), 32 of Bihar Prohibition and
Excise Act.
3. As per the prosecution case, there is recovery of
150 liters of illicit country made liquor from a scooty.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. No
incriminating articles has been recovered from his possession.
Learned counsel further submits that he has eleven criminal
antecedents and he is in custody since 28.01.2026. The
petitioner undertakes to co-operate in the case/ trial.
Patna High Court CR. MISC. No.29550 of 2026(2) dt.07-05-2026
2/2
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner on the ground that petitioner is
alleged of being involved in illegal transportation of illicit liquor
6. Considering the gravity of the offence, this Court is
not inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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