Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted bail to the petitioner, subject to a bond of Rs.5,000 and two sureties.
Summary
Rohit Kumar was arrested in connection with a case involving the alleged recovery of 206.28 litres of liquor from several vehicles and was charged under IPC sections 414, 420 and 120B as well as sections 30(a), 36 and 41(1) of the Bihar Excise Act. The petitioner contended that he was not the owner of the seized vehicles, was not arrested at the spot, and was implicated solely on the basis of a confessional statement made by another accused in police custody, which he argued lacks evidentiary value. He also highlighted his antecedent of four prior excise cases and his custody since 20‑04‑2026. The State opposed the bail application, citing the seriousness of the offences. The Court, after considering the submissions, granted bail on the condition of a Rs.5,000 bond and two sureties, directing the petitioner to appear before the trial court.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences under the IPC and the Bihar Excise Act.
- Whether a confessional statement of an apprehended co‑accused can be the sole basis for implicating the petitioner.
- Whether the petitioner’s prior excise cases and period of custody affect the bail decision.
Legislation cited
- Bihar Excise Act — s. 30(a), 36, 41(1)
- Indian Penal Code — s. 120B, 414, 420
Subjects
- bail
- IPC
- excise law
- confessional statement
- criminal conspiracy
- cheating
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37220 of 2026
Arising Out of PS. Case No.-725 Year-2020 Thana- SITAMARHI District- Sitamarhi
======================================================
Rohit Kumar S/o Chandeshwar Singh R/o Village - Bariyarpur, Ward no. 37,
PS - Sitamarhi, District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Sinha
For the Opposite Party/s : Mr.Parmanand Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-06-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 414, 420, 120B of the IPC
and Sections 30(a), 36 and 41(1) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of four cases under the Excise Act and
is in custody since 20-4-2026 and allegation is of recovery of
206.280 litres of liquor from different vehicles. It is next
submitted that from possession of Sikindar Kumar, 17.280 litres
of liquor from is alleged to have been recovered.
4. Learned counsel for the petitioner submits that the
petitioner is not the owner of any of the seized vehicles nor he
was arrested from the spot and he came to be implicated based
Patna High Court CR. MISC. No.37220 of 2026(2) dt.19-06-2026
2/2
on confessional statement of apprehended-accused in police
custody which does not have any evidentiary value. It is further
submitted that once an accused is implicated in a case relating to
excise, the police starts implicating mechanically either at the
instance of Chowkidar, local person, confessional statement or
secret information without holding a proper investigation. It is
reiterated and submitted that petitioner is in custody since 20-4-
2026.
5. Learned A.P.P. for the State vehemently opposes
the prayer for bail of the petitioner.
6. Considering the submission made by learned
counsel for the petitioner, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 5,000/- (Rupees
Five Thousand) with two sureties of the like amount each to the
satisfaction of the learned trial court where the case is
pending/successor court in connection with Sitamarhi P.S. Case
No. 725 of 2020.
(Satyavrat Verma, J)
Sumit/-
U T
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