Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioners, finding insufficient grounds for continued detention.
Summary
The petitioners Rohit Kumar, Kunal Kumar and Abhishek Kumar were arrested in connection with the seizure of 669.63 litres of liquor and charged under Section 30(a) of the Bihar Prohibition and Excise Act. They contended that no liquor was found in their personal possession, the room searched did not belong to them, and they were detained solely on suspicion without any incriminating material. The petitioners also highlighted the absence of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and pointed out their clean criminal record and the length of custody since 10‑12‑2025. The State opposed the bail application. Considering the lack of direct evidence, the petitioners' clean antecedents and the procedural lapse, the Court inclined to grant bail, directing each petitioner to furnish a bail bond of Rs.15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in the absence of incriminating material in their possession
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- Section 103
- criminal procedure
- custody
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3519 of 2026
Arising Out of PS. Case No.-980 Year-2025 Thana- JAKKANPUR District- Patna
======================================================
1. Rohit Kumar S/o Sri Lalan Rai Resident of Village - Doila, P.S - Isuwapur,
District - Saran
2. Kunal Kumar S/o Upendra Rai Resident of Village - Doila, P.S - Isuwapur,
District - Saran
3. Abhishek Kumar S/o Rajesh Rai Resident of Village - Chandpura, P.S -
Isuwapur, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Smita Shreeyash, Advocate
For the Opposite Party/s : Mrs. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in connection with
Jakkanpur P.S. Case No. 980 of 2025, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 669.63 liters
liquor was recovered from the room of co-accused person and
the petitioners were arrested on spot.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
Patna High Court CR. MISC. No.3519 of 2026(2) dt.19-01-2026
2/2
present case. No incriminating material has been recovered from
the conscious possession of the petitioners. The petitioners have
got no concern with the alleged recovery of liquor. Learned
cousnel for the petitioners also submits that the petitioners have
been arrested only on the basis of suspicion. It is further
submitted that the alleged room do not belong to the petitioners.
The petitioners are in custody since 10.12.2025 and have got no
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Jakkanpur P.S. Case
No. 980 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
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