Patna High Court

Rohit KumarversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner subject to bond and surety conditions.

Summary

Rohit Kumar was arrested in connection with a case (Riga PS Case No. 458 of 2025) alleging possession of 174 litres of illicit liquor, contravening Section 30(a) of the Bihar Prohibition and Excise Act and Section 317(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioner contended that he was merely the driver of the vehicle, had no knowledge of the liquor, and that no incriminating material was found in his possession; he also pointed out a lack of compliance with Section 103 of the BNSS. The State opposed bail, arguing the seriousness of the offence. The Court, after considering the petitioner’s custody period, lack of direct evidence, and his single prior criminal antecedent, decided to grant bail. Bail was conditioned on a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and on the petitioner’s regular appearance before the trial court.

Issues considered

Whether bail should be granted to the accused under the provisions of the Bihar Prohibition and Excise Act and the Bharatiya Nyaya Sanhita, 2023.
Whether the requirements of Section 103 of the Bharatiya Nyaya Sanhita, 2023, have been satisfied for bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 103, 317(5)

Subjects

bail
prohibition law
excise
Bharatiya Nyaya Sanhita
Section 103
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.3343 of 2026
                        Arising Out of PS. Case No.-458 Year-2025 Thana- RIGA District- Sitamarhi
                 ======================================================
                 Rohit Kumar Son of Surendra Mahto Resident of Janki Sthan, Noniya Toli,
                 Ward No. 08, P.S. - Sitamarhi.
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dwij Raj, Advocate
                 For the Opposite Party/s :        Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with Riga

                   PS Case No. 458 of 2025 instituted for the offences under

                   Section/s 30(a) of the Bihar Prohibition and Excise Act and

                   Section 317(5) of the Bharatiya Nyaya Sanhita, 2023.

                           3.       The prosecution case, in short, is that 174 liters

                   liquor was recovered from Auto.

                           4.       Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. It is submitted

                   that name of the petitioner has surfaced in this case as being
           Patna High Court CR. MISC. No.3343 of 2026(2) dt.19-01-2026
                                                       2/2




                     driver of the vehicle in question and he was oblivious of the fact

                     that illicit liquor was laden in the vehicle. The petitioner is in

                     custody since 02.12.2025 and has got one criminal antecedent/s.

                     There is no compliance of Section 103 of the BNSS, 2023.

                             5.      Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner.

                             6.      Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                             7.      Let the petitioner be released on bail on furnishing

                     bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Riga PS Case No.

                     458 of 2025, subject to the following conditions:

                             (I) One of the bailors shall be own/close member of the

                     family of the petitioner.

                             (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.


                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-
U      T

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