Patna High Court

Rohan KumarversusThe State of Bihar

Decided: 2 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

Bail was granted to the petitioner because of his clean antecedent, lack of direct evidence, and the circumstances of his custody.

Summary

The petitioner, Rohan Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 71.1 liters of liquor in a tempo. He claimed innocence, stating he was merely the driver and had no knowledge of the liquor, and that no incriminating material was found in his possession. The State opposed bail, while the petitioner highlighted his clean criminal record and lack of compliance with Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023. The Court, considering the petitioner’s clean antecedent, the absence of direct evidence against him, and the period of custody already served, decided to grant bail. Bail was set at Rs.15,000 with two sureties, subject to conditions including family surety and mandatory appearance at trial dates.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the lack of incriminating material and clean antecedent justify bail despite the State's opposition.

Subjects

bail
prohibition act
liquor trafficking
criminal procedure
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6506 of 2026
                   Arising Out of PS. Case No.-714 Year-2025 Thana- BHAGWAN BAZAR District- Saran
                 ======================================================
                 Rohan Kumar S/O Late Rajendra Sah R/O Vill.- Pahleja Ghat (Kusmar),
                 Ward no. 5, P.s.- Pahleja, Dist.- Saran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ranjit Kumar Thakur, Advocate
                 For the Opposite Party/s :      Mr.Shyam Bihari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   02-02-2026                  Heard learned counsel for the petitioner and

                   learned APP for the State.

                               2. The petitioner seeks bail in Bhagwan Bazar P.S.

                   case No. 714 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 71.1 liters

                   liquor was recovered from Tempo.

                               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
Patna High Court CR. MISC. No.6506 of 2026(2) dt.02-02-2026
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          of liquor. It is further submitted that the petitioner is the

          driver of the vehicle in question and he had no knowledge

          regarding nature of goods kept in the vehicle. The petitioner

          is in custody since 22.12.2025 and has got no criminal

          antecedent. There is no compliance of Section 103 of

          B.N.S.S., 2023.

                      5. Learned A.P.P. 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, clean antecedent 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/- (Fifteen thousand) with

          two sureties of the like amount each to the satisfaction of

          Court below/concerned Court in connection with Bhagwan

          Bazar P.S. case No. 714 of 2025 subject to the following

          conditions:

                       (I) One of the bailors shall be own/close member

          of the family of the petitioner.

                       (II) The petitioner shall appear on each and every
           Patna High Court CR. MISC. No.6506 of 2026(2) dt.02-02-2026
                                                       3/3




                     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.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T

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