Patna High Court
Rocky 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
Rocky Kumar was arrested in connection with the seizure of 275.2 litres of liquor from a Swift car and charged under Section 30(a) of the Bihar Excise Act and Sections 281 and 125(a) of the Bihar Narcotic Substances Act. He contended that he had a clean record, was not the owner of the vehicle, and was falsely implicated after villagers handed him over to police. The State opposed his bail application. The court, after considering his clean antecedent, the length of his custody since 18‑April‑2026, and the circumstances of the alleged offence, ordered his release on bail upon furnishing a bond of Rs.5,000 with two sureties of equal amount. The order was pronounced by Justice Satyavrat Verma of the Patna High Court.
Issues considered
- Whether bail should be granted to the accused under the Bihar Excise Act and Bihar Narcotic Substances Act given the nature of the alleged offence and his claim of false implication
- Whether the accused's clean antecedent and period of custody justify bail
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Narcotic Substances Act — s. 125(a), 281
Subjects
- bail
- excise law
- liquor seizure
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45149 of 2026
Arising Out of PS. Case No.-138 Year-2026 Thana- OBRA District- Aurangabad
======================================================
Rocky Kumar S/o Nagendra singh R/o Village - Ramnagar, near Abhiladevi
Sthan, P.S - Mufassil, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deepak Kumar
For the Opposite Party/s : Mr.Nityanand
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-07-2026 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 Section 30(a) of the Bihar Excise Act
and Section 281 and 125(a) of BNS.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and is in custody
since 18-4-2026 and allegation is of recovery of 275.2 litres of
liquor from a Swift Car.
4. Learned counsel for the petitioner submits that
petitioner is not the owner of the seized vehicle, but then it is
alleged that he was caught by villagers and handed over to the
police alleging that he was driving the vehicle. It is next
submitted that it appears that in order to save the real culprit, the
Patna High Court CR. MISC. No.45149 of 2026(2) dt.03-07-2026
2/2
petitioenr came to be falsely implicated when he is a person
with clean antecedent and is not the owner of the vehicle.
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 and taking into consideration the
period of custody, 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 Obra P.S. Case No.
138 of 2026.
(Satyavrat Verma, J)
Sumit/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.