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Patna High Court

Rohit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner deserves bail and granted it.

Summary

Rohit Kumar was arrested in connection with a case involving alleged illegal liquor and a motorcycle, charged under Sections 274, 275 and 317(5) of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act. He contended that the seized items did not belong to him, that there was no material linking him to the offence except a confessional statement made to police, and that procedural requirements under Sections 103, 105 of the BNSS and Section 82 of the Bihar Act were not complied with. The State opposed bail, but the court, after considering the lack of substantive evidence and the alleged procedural lapses, found that the petitioner deserved relief. Accordingly, the court granted regular bail on a bond of Rs. 20,000 with two sureties of the same amount. The petitioner, already on bail in another case, was released from custody.

Issues considered

  • Whether the petitioner is entitled to regular bail despite charges under the BNSS and Bihar Prohibition and Excise Act.
  • Whether a confessional statement made before police has evidentiary value for bail considerations.
  • Whether the procedural requirements of Sections 103, 105 of the BNSS and Section 82 of the Bihar Prohibition and Excise Act were complied with.
  • Whether the petitioner’s prior antecedent affects the grant of bail.

Legislation cited

Subjects

  • regular bail
  • confessional statement
  • procedural compliance
  • Bharatiya Nyaya Sanhita
  • Bihar Prohibition and Excise Act
  • criminal procedure
  • bail petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31924 of 2026
                    Arising Out of PS. Case No.-104 Year-2026 Thana- JAYNAGAR District- Madhubani
                 ======================================================
                 Rohit Kumar, S/o Shatrughan Sahu @ Shatrughan Sah, R/o Village -
                 Korahiya, Ward No. 13, P.S - Jainagar, District - Madhubani

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Kumari Pallavi, Advocate
                 For the Opposite Party/s :      Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   12-05-2026                    Heard the parties.

                                 2. Petitioner seeks regular bail in connection with

                   Jainagar P.S. Case No. 104 of 2026 registered for the offences

                   punishable under Sections 274, 275 and 317(5) of the Bharatiya

                   Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. It is submitted that neither the seized liquor nor the

                   motorcycle belongs to the petitioner and no recovery has been

                   made from his conscious possession. Learned counsel further

                   submits that except the alleged confessional statement made

                   before the police, there is no material on record to connect the

                   petitioner with the alleged offence and such confessional
           Patna High Court CR. MISC. No.31924 of 2026(2) dt.12-05-2026
                                                       2/2




                     statement has no evidentiary value in the eye of law. It is also

                     submitted that there has been non-compliance of Sections 103

                     and 105 of the BNSS as well as Section 82 of the Bihar

                     Prohibition and Excise Act and no independent witness has

                     supported the seizure list. Learned counsel further submits that

                     the petitioner has only one antecedent in which he is already on

                     bail and is in custody since 09.03.2026.

                                  4. Learned APP for the State has opposed the prayer

                     for bail of the petitioner.

                                  5. In the facts and circumstances of this case, and

                     considering the statements made in the petition as well as the

                     above submissions, in my opinion, the petitioner deserves the

                     relief of bail. Accordingly, let the petitioner named-above be

                     released on bail on furnishing bail bond of Rs. 20,000/- (Rupees

                     Twenty Thousand) with two sureties of the like amount each to

                     the satisfaction of the concerned Court in connection with

                     Jainagar P.S. Case No. 104 of 2026.



                                               (Shailendra Singh, J)
maynaz/-

U     T


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