Patna High Court
Rohit Kumar @ RohitversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail must be granted as the petitioners have clean antecedents, no conscious possession of the illicit liquor, and are not owners of the vehicle, subject to prescribed conditions.
Summary
Rohit Kumar and Aakash Chauhan, drivers of a vehicle from which 480,000 litres of illicit liquor was seized, were arrested under the Bihar Prohibition and Excise Amendment Act, 2022. They applied for bail, asserting that they had no ownership or conscious possession of the liquor and possessed clean antecedents. The State opposed the bail. The High Court examined the facts, noted the absence of any possession by the petitioners and their lack of ownership, and considered their clean criminal record. Accordingly, the Court granted bail on a bond of Rs.10,000 each with two sureties, imposing conditions such as presence in court, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Special Judge of the Excise Court‑II, Kaimur.
Issues considered
- Whether bail should be granted to the accused drivers in an excise case where the seized illicit liquor was not in their conscious possession.
- Whether the petitioners' clean antecedent and lack of ownership of the vehicle justify the grant of bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 32(1), 32(iii), 41(i), 41(ii)
Subjects
- bail
- excise law
- illicit liquor
- possession
- clean antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39824 of 2026
Arising Out of PS. Case No.-193 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
1. Rohit Kumar @ Rohit Son of Ramnath Resident of Village- Aughali, P.S.-
Dehat Kotwali, District- Mirzapur (U.P.).
2. Aakash Chauhan Son of Chavi Ram @ Chaviram Singh Chauhan Resident
of Village- Aughali, P.S.- Dehat Kotwali, District- Mirzapur (U.P.).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sarfraz Ahmad, Advocate
For the Opposite Party/s : Mr.Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 23-06-2026 Heard Mr.Sarfraz Ahmad, learned counsel for the
petitioners and Mr.Parmanand Prasad, learned A.P.P. for the
State.
2. The petitioners seek bail, who are in custody since
21.04.2026 in connection with Excise P.S. Case No. 193 of
2026, F.I.R. dated 21.04.2026 registered for the offence
punishable under Sections 30(a),32(1) & (iii),41(i) & (ii) of
Bihar Prohibition and Excise Amendment Act, 2022.
3. Recovery is of 480.000 liters of illicit liquor/beer.
4. Learned counsel appearing for the petitioners
submits that the petitioners have clean antecedent. From a bare
perusal of the FIR it appears that the recovery has been made
Patna High Court CR. MISC. No.39824 of 2026(2) dt.23-06-2026
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from the vehicle in question and petitioners have been made
accused in the present case merely on the ground that petitioner
No.1 is driver and petitioner No.2 is co-driver of the vehicle in
question and they have no concern at all with the alleged
recovery of illicit liquor/beer and altogether 480.000 liters of
illicit liquor/beer was recovered from the vehicle in question
and the petitioners are in custody since 21.04.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioners.
6. Considering the aforesaid fact, petitioners have
clean antecedent, nothing has been recovered from conscious
possession of the petitioners and petitioners are not the owner of
the vehicle in question, let the petitioners, above named, be
released on bail on furnishing bail bond of Rs.10,000/- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge, Excise Court-II,
Kaimur at Bhabhua in connection with Excise P.S. Case No. 193
of 2026, with the following conditions:-
(I) One of the bailors shall be the close relative
(Father/Mother) of the petitioners.
(II) Petitioners shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
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Court and shall remain physically present as directed by the
Court and on their absence on two consecutive dates without
sufficient reason, their bail bond shall be cancelled by the Court
below.
(III) If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(IV) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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