Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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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