Patna High Court

Rohit KumarversusThe State of Bihar

Decided: 12 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner subject to monetary and procedural conditions.

Summary

The petitioner, Rohit Kumar, a bus conductor, was arrested after 105.84 litres of liquor were recovered from his bus in a case under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, stating he had no knowledge of the liquor and no incriminating material was found in his possession, and highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. Considering the facts, the period of custody, and the petitioner's clean record, the Court granted bail subject to a bond of Rs. 15,000 with two sureties and conditions regarding family surety and regular court appearances. The bail order was made after framing of charges, if not already done.

Issues considered

Whether bail should be granted to the petitioner in an offence under Section 30(a) of the Bihar Prohibition and Excise Act
Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail application

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
Bihar Prohibition and Excise Act
Section 30(a)
bus conductor
liquor seizure
Bharatiya Nagarik Suraksha Sanhita
Section 103
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90307 of 2025
                       Arising Out of PS. Case No.-1261 Year-2025 Thana- Excise P.S. District- Purnia
                 ======================================================
                 Rohit Kumar S/o Ganga Prasad @ Ganga Prasad Singh R/o Village - Sihma
                 Ward No.1, P.S - Matihani, District - Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Bhola Prasad, Advocate
                 For the Opposite Party/s :         Mr. Yogendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   12-01-2026                      Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Excise

                   P.S. Case No. 1261 of 2025, instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case, in short, is that 105.840 liters

                   liquor was recovered from bus and the petitioner was arrested

                   on spot.

                                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
Patna High Court CR. MISC. No.90307 of 2025(2) dt.12-01-2026
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          no concern with the alleged recovery of liquor. Learned counsel

          for the petitioner also submits that the petitioner is conductor of

          the bus and has got no knowledge with regard to the nature of

          goods loaded in the vehicle in question. The petitioner is in

          custody since 03.12.2025 and has got no criminal antecedent.

          There is no compliance of Section 103 of the Bharatiya Nagarik

          Suraksha Sanhita, 2023.

                       5. Learned APP 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 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 after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the

          like amount each to the satisfaction of Court below/concerned

          Court in connection with Excise P.S. Case No. 1261 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 date

          fixed at the trial. In case of default in such appearance on two
             Patna High Court CR. MISC. No.90307 of 2025(2) dt.12-01-2026
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                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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