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Patna High Court

Rohit KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                                        2/2




                      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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