Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
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
- Bharatiya Nyaya Sanhita — s. 103, 105, 274, 275, 317(5)
- Bihar Prohibition and Excise Act — s. 30(a), 82
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/-
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