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Patna High Court

Rohit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner.

Summary

Rohit Kumar was arrested in connection with the alleged recovery of 246 litres of liquor from an auto, charged under Section 30(a) of the Bihar Excise Act. He contended that he was not arrested at the scene, had no conscious possession of the liquor, and was not the owner of the vehicle, asserting that the complaint was based solely on the chowkidar's statement. The petitioner, who had two prior excise cases, had been in custody since 12‑01‑2026 and sought bail, arguing that the investigation was mechanically driven without proper inquiry. The State opposed the bail application. The court, after considering the submissions, ordered the release of the petitioner on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to an accused under Section 30(a) of the Bihar Excise Act given the circumstances of the seizure and the petitioner’s antecedent cases.

Subjects

  • bail
  • excise law
  • Bihar Excise Act
  • Section 30(a)
  • liquor seizure
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6631 of 2026
                     Arising Out of PS. Case No.-213 Year-2025 Thana- PUNAURA District- Sitamarhi
                 ======================================================
                 Rohit Kumar son of Surendra Mahto Resident of Janki Asthan Nuniya toli,
                 Gaushala Chowk, Sitamarhi PS and Distt -Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dwij Raj
                 For the Opposite Party/s :       Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   31-01-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State, Sri Rabindra Kumar.

                             2.    The petitioner seeks bail in a case registered for the

                   offences punishable under Section 30(a) of the Bihar Excise

                   Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 246 litres of liquor from an Auto.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and is not the owner of

                   the seized vehicle and he came to be implicated at the instance

                   of Chowkidar but then it is submitted that if the Chowkidar was

                   aware about the involvement of the petitioner in the occurrence,
              Patna High Court CR. MISC. No.6631 of 2026(2) dt.31-01-2026
                                                          2/2




                        then why he did not inform the police prior to institution of the

                        instant FIR, which casts an aspersion on the case of the

                        prosecution. It is also submitted that petitioner is in custody

                        since 12-1-2026. It is further submitted that once an accused is

                        implicated in a case relating to excise, the police starts

                        implicating mechanically either at the instance of Chowkidar,

                        local person, confessional statement or secret information

                        without holding a proper investigation.

                                 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, let the petitioner, above named, be

                        released on bail on furnishing bail bond of Rs. 10,000/- (Rupees

                        Ten 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 Punaura P.S. Case

                        No. 213 of 2025.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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