Patna High Court
Rohan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
Rohan Kumar was arrested after 174 litres of Nepali liquor were seized from an auto in Riga, Sitamarhi, and charged under 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 a passerby, not the vehicle owner, and that no incriminating material was found in his possession; he also highlighted a lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, arguing the seriousness of the offence and the petitioner’s prior criminal antecedent. Considering the absence of direct evidence, the procedural lapse, and the length of custody since 2 December 2025, the Court inclined to grant bail. The order directed the 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 and Section 317(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
- Whether the petitioner’s prior criminal antecedent and the nature of the seized liquor justify continued detention.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 317(5)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition act
- excise
- criminal procedure
- section 103
- procedural lapse
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3735 of 2026
Arising Out of PS. Case No.-458 Year-2025 Thana- RIGA District- Sitamarhi
======================================================
Rohan Kumar Son of Lakshman Chaudhary Resident of Village - Madanpur,
P.S. - Parsauni, District - 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, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Riga
P.S. Case No. 458 of 2025, instituted for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act and
Section 317(5) of Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that total 174
liters of Nepali liquor was recovered from Auto. Petitioner was
arrested on the spot.
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. The petitioner is
Patna High Court CR. MISC. No.3735 of 2026(2) dt.27-01-2026
2/2
not the owner of the vehicle rather he was passersby of the way
and has become victim of circumstances. The petitioner is in
custody since 02.12.2025 and has got one 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 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/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Riga P.S. Case No.
458 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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