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Patna High Court

Rohit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioners.

Summary

The petitioners, Rohit Kumar and Bikky Kumar, were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 24.99 liters of liquor were recovered from a motorcycle. They claimed innocence, stating they were merely passersby and that no incriminating material was found in their possession. The petitioners argued that there was no compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and highlighted their minimal or no prior criminal records. The State opposed the bail application. Considering the lack of direct evidence, the short period of custody, and the statutory non‑compliance, the Court granted bail to both petitioners upon furnishing a bail bond of Rs. 15,000 with two sureties each.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in the absence of incriminating material in their possession
  • Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail

Legislation cited

Subjects

  • bail
  • prohibition act
  • excise
  • Section 30(a)
  • Bihar
  • criminal procedure
  • Section 103
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90471 of 2025
                 Arising Out of PS. Case No.-426 Year-2025 Thana- KOCHADHAMAN District- Kishanganj
                 ======================================================
           1.     Rohit Kumar S/O- Kamdev Rishi , Resident of Village Jharbour Mushari,
                  P.S. Mirganj, District -Purnia, Bihar.
           2.    Bikky Kumar @ Biccky Kumar S/O-Laddu Bhagat Resident of Village-
                 Mahto Tola, Garhbanaili, Ward No-16, P.O. Garhbanaili, P.S. - Kasba,
                 District - Purnia, Bihar.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Fakhruddin Ali Ahmad, Advocate
                 For the Opposite Party/s :      Mr.Md. Iftekhar Mahmood, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

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

                   APP for the State.

                                2. The petitioners seek bail in connection with

                   Kochadhaman P.S. Case No. 426 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 total 24.99

                   liters liquor was recovered from motorcycle.

                                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 are
           Patna High Court CR. MISC. No.90471 of 2025(2) dt.12-01-2026
                                                       2/2




                     not the owner of the vehicle rather they were passersby of the

                     way and have become victim of circumstances. The petitioners

                     are in custody since 17.11.2025. The petitioner No.1 has no

                     criminal antecedent and petitioner no.2 has one 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 petitioners.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioners, this Court is inclined to grant bail to the petitioners.

                                  7. Let the petitioners be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with

                     two sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Kochadhaman P.S.

                     Case No. 426 of 2025.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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