Rohit Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Rohit Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted: petitioner to be enlarged on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned 3rd Exclusive Excise court, Saran at Chapra, subject to the condition that he shall not indulge in similar nature of offences in future.

Issue for consideration

Whether the petitioner, accused in Parsa P.S. Case No.01 of 2026 registered under Sections 30(a) of the Bihar Prohibition and Excise Act, is entitled to be enlarged on bail.

Court's answer

Having heard learned counsel for the parties and considering the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail with the condition that he shall not indulge in similar nature of offences in future.

Ratio / Principle

The petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the court of learned 3rd Exclusive Excise court, Saran at Chapra, in connection with Parsa P.S. Case No.01 of 2026.

Detailed headnote1 paragraphs

Patna High Court (Ashok Kumar Pandey, J), oral order dated 13-05-2026 in Criminal Miscellaneous No.31614 of 2026 arising out of Parsa P.S. Case No.01 of 2026, District Saran, registered under Sections 30(a) of the Bihar Prohibition and Excise Act: bail application of petitioner Rohit Kumar ALLOWED. Prosecution case involved alleged recovery of altogether 20 liters of country made liquor from the bushes. Petitioner's counsel argued nothing was recovered from his possession, the recovery was from an open place, the seizure-list witnesses were police personnel, and police did not comply with Section 105 of the BNSS while making the seizure; petitioner stated to be in judicial custody since 09.03.2026. Learned APP opposed bail citing criminal antecedent of three cases. Court enlarged the petitioner on bail on a bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned 3rd Exclusive Excise court, Saran at Chapra, conditioned that he shall not indulge in similar nature of offences in future.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31614 of 2026

Arising Out of PS. Case No.-1 Year-2026 Thana- PARSA District- Saran

======================================================

Rohit Kumar, Son of Saroj Rai, Resident of Village-Anyay, P.S.-Parsa, District-Saran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Arjun Prasad, Advocate For the Opposite Party/s : Ms. Pronoti Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

2 13-05-2026

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner has prayed for bail in connection with Parsa P.S. Case No.01 of 2026 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

The case of the prosecution, in short, is that altogether 20 liters of country made liquor was recovered from the bushes.

Learned counsel appearing on behalf of the petitioner has submitted that nothing has been recovered from the possession of this petitioner. It has further been submitted that the recovery has been made from an open place. It has further been submitted that the witnesses of the seizure list are

Patna High Court CR. MISC. No.31614 of 2026(2) dt.13-05-2026 2/2

police personnel and police have not complied Section 105 of the BNSS while making seizure. It has been submitted that as the petitioner started fleeing away, police has apprehended him. It has further been submitted that the petitioner is in judicial custody since 09.03.2026.

The application for bail is opposed by learned APP for the State. He has further submitted that the petitioner is having criminal antecedent of three cases.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail with the condition that the petitioner shall not indulge in similar nature of offences in

future. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the court of learned 3^rd Exclusive Excise court, Saran at Chapra, in connection with Parsa P.S. Case No.01 of 2026.

(Ashok Kumar Pandey, J)

Durgesh/Rohit/-

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