Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
Rohit Kumar was arrested in connection with the recovery of 1,495.95 litres of liquor from a truck and a tempo, alleged to be offences under Sections 30(a), 41(1), 42(2) and 36 of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, had no incriminating material in his possession, was not arrested on the spot, and had no prior criminal record. The State opposed bail, while the petitioner argued that Section 103 of the BNSS, 2023 had not been complied with. The Court, noting the petitioner’s clean antecedent, the length of his pre‑trial custody since 30‑11‑2025, and the lack of direct evidence, decided to grant bail. He was ordered to furnish a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act offences considering the nature of the alleged crime and the evidence.
- Whether the non‑compliance of Section 103 of the BNSS, 2023 affects the grant of bail.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition
- excise
- liquor seizure
- criminal procedure
- clean antecedent
- Section 103 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3610 of 2026
Arising Out of PS. Case No.-391 Year-2025 Thana- ROSERA District- Samastipur
======================================================
Rohit Kumar Son of Amarjeet Das Resident of village - Pranpura Tola
Bariyara, Police Station - Chhaudahi, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mahendra Pratap, Advocate
For the Opposite Party/s : Mr. Parmanand Prasad, 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 Rosera
PS Case No. 391 of 2025 instituted for the offences under
Section/s 30(a), 41(1) & 42(2) & 36 of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 1495.95 liters
liquor was recovered from truck and tempo.
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
Patna High Court CR. MISC. No.3610 of 2026(2) dt.19-01-2026
2/2
that petitioner was not arrested on the spot, rather his name has
transpired during investigation. The petitioner is in custody
since 30.11.2025 and has got no 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, clean antecedent of the petitioner 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 Rosera PS Case No.
391 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
Checking your session…