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Patna High Court

Rohit Kumar ThakurversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

Bail was granted to petitioner No.2, Manish Kumar, but denied to petitioner No.1, Rohit Kumar Thakur.

Summary

The petitioners, Rohit Kumar Thakur (driver) and Manish Kumar (co‑driver), were charged under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged possession of 7,141.68 litres of foreign liquor recovered from a truck. They applied for bail, claiming innocence, lack of incriminating material in their possession, and no prior criminal record. The State opposed bail, especially for the driver, arguing his role in the offence. The Court, after considering the facts and the period of custody, granted bail to the co‑driver, Manish Kumar, on a bond of Rs.15,000 with two sureties and conditions of appearance, while rejecting bail for the driver, Rohit Kumar Thakur. The order reflects a differentiated approach based on the alleged role of each petitioner.

Issues considered

  • Whether bail should be granted to petitioner No.1 (driver) under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether bail should be granted to petitioner No.2 (co‑driver) under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the requirements of Section 103 of the BNSS, 2023 have been complied with in the bail application.

Legislation cited

Subjects

  • bail
  • prohibition and excise
  • foreign liquor
  • driver
  • co‑driver
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • Section 103
  • BNSS 2023
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.5151 of 2026
                    Arising Out of PS. Case No.-269 Year-2025 Thana- BHAGWANPUR District- Vaishali
                 ======================================================
           1.     Rohit Kumar Thakur Son of Birendra Thakur @ virendra Thakur Resident of
                  village- Jurahi Panchayat Umga PS- Madanpur Distt -Aurangabad
           2.    Manish Kumar @ Manish Kungar son of Sadhu Yadav Resident of village-
                 Choto Sasaram @ Chhota Sasaram Ward no. 3 Ps- Udwant Nagar, Dist-
                 Bhojpur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anish Kumar, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar Roy, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   29-01-2026             Heard learned counsel for the petitioners and learned APP

                   for the State.

                           2.       The petitioners seek bail in connection with

                   Bhagwanpur PS Case No. 269 of 2025 instituted for the

                   offences under Section 30(a) of the Bihar Prohibition and Excise

                   Act.

                           3.       The prosecution case, in short, is that 7141.68 liters

                   foreign liquor was recovered from truck.

                           4.       Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioners. The petitioners have
Patna High Court CR. MISC. No.5151 of 2026(2) dt.29-01-2026
                                            2/3




          got no concern with the alleged recovery of liquor. It is

          submitted that names of the petitioners have surfaced in this

          case as being driver and co-driver of the truck in question,

          respectively. The petitioners are in custody since 23.09.2025 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 petitioners. It is

          submitted that petitioner No.1 is the driver of the truck, hence,

          he may not be released on bail.

                  6.      Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the

          petitioner No.2, namely, Manish Kumar @ Manish Kungar, this

          Court is inclined to grant bail to the petitioner No.2, namely,

          Manish Kumar @ Manish Kungar.

                  7.      Let the petitioner No.2, namely, Manish Kumar @

          Manish Kungar 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 Bhagwanpur PS Case No. 269 of 2025,

          subject to the following conditions:

                  (I) One of the bailors shall be own/close member of the
           Patna High Court CR. MISC. No.5151 of 2026(2) dt.29-01-2026
                                                       3/3




                     family of the petitioner No.2.

                             (II) The petitioner No.2 shall appear on each and every

                     date fixed at the trial. In case of default in such appearance on

                     two consecutive dates, the Trial Court will have liberty to cancel

                     the bail bonds of the petitioner No.2.

                             8.      So far as petitioner No.1, namely, Rohit Kumar

                     Thakur is concerned, taking into account the fact that petitioner

                     No.1 is the driver of the truck in question, this Court, at this

                     stage, is not inclined to grant bail to petitioner No.1, namely,

                     Rohit Kumar Thakur. Accordingly, prayer for bail of petitioner

                     No.1, namely, Rohit Kumar Thakur is hereby rejected.



                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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