Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner with conditions, despite the alleged procedural lapse and prior convictions.
Summary
Rohit Kumar was arrested in connection with Parsa Police Station Case No.01 of 2026 for allegedly possessing 20 litres of country‑made liquor, an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that the liquor was recovered from an open place, not from his possession, and that the police failed to comply with Section 105 of the BNSS while making the seizure. He has been in judicial custody since 9 March 2026 and the State opposed bail, citing three prior criminal cases against him. After hearing both sides, the Court considered the procedural lapse, the nature of the offence, and the petitioner’s antecedents. The Court granted bail on the condition that the petitioner not commit similar offences, requiring a bail bond of Rs 10,000 with two sureties of the same amount, to be satisfied before the 3rd Exclusive Excise Court, Saran.
Issues considered
- Whether bail should be granted to an accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether non‑compliance with Section 105 of the BNSS in the seizure process warrants denial of bail.
- How the petitioner’s prior criminal antecedents affect the bail decision.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 105
Subjects
- bail
- prohibition law
- excise
- seizure procedure
- prior convictions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31614 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- PARSA District- Saran
======================================================
Rohit Kumar, Son of Saroj Rai, 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. Arjun Prasad, Advocate
For the Opposite Party/s : Ms. Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Parsa P.S. Case No.01 of 2026 registered for the offence
punishable under Sections 30(a) of the Bihar Prohibition and
Excise Act.
3. The case of the prosecution, in short, is that
altogether 20 liters of country made liquor was recovered from
the bushes.
4. Learned counsel appearing on behalf of the
petitioner has submitted that nothing has been recovered from
the possession of this petitioner. It has further been submitted
that the recovery has been made from an open place. It has
further been submitted that the witnesses of the seizure list are
Patna High Court CR. MISC. No.31614 of 2026(2) dt.13-05-2026
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police personnel and police have not complied Section 105 of
the BNSS while making seizure. It has been submitted that as
the petitioner started fleeing away, police has apprehended him.
It has further been submitted that the petitioner is in judicial
custody since 09.03.2026.
5. The application for bail is opposed by learned APP
for the State. He has further submitted that the petitioner is
having criminal antecedent of three cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail with the condition that
the petitioner shall not indulge in similar nature of offences in
future. The above named petitioner is directed to be enlarged on
bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand
only) with two sureties of the like amount each to the
satisfaction of the court of learned 3rd Exclusive Excise court,
Saran at Chapra, in connection with Parsa P.S. Case No.01 of
2026.
(Ashok Kumar Pandey, J)
Durgesh/-
Rohit/-
U T
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