Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2739 of 2025 Arising Out of PS. Case No.-494 Year-2024 Thana- BIDUPUR District- Vaishali ====================================================== Rohit Kumar Son of Shyam Sundar Rai Resident Of Village -Bishanpaltu, PsBidupur, Dist- Vaishali ... ... Petitioner/s

Versus

The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shivjee Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP For the Informant :

Mr. Pramod Kumar, Advocate Mr. Asmita Srivastava, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 17-03-2026 Heard learned counsel for the petitioner, informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 109, 123, 103 (1), 61 (2), 3 and 5 of the BNS.

3. The case of the prosecution, in brief, is that on 21.08.2024, the petitioner called the son of the informant to attend a party. It is alleged that the informant's son-in-law, Kamlesh Kumar, the informant's son, Shaurya Kumar @ Chotu Kumar, and one Satish Kumar attended the said party. After the party, all three returned home and went to sleep. Upon being awakened, they complained that they were unable to see, and subsequently, all three persons died.

Patna High Court CR. MISC. No.2739 of 2025(5) dt.17-03-2026 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that the only allegation against the petitioner is that he had invited the deceased persons to the party. It is further submitted that the party was held at a poultry farm, indicating that the petitioner was the host. It is further submitted that the postmortem report does not reveal any ante-mortem injury on the bodies of the deceased. The viscera was preserved, and as per the FSL report, methyl alcohol along with ethyl alcohol was detected in the contents of the glass jar. It is submitted that methyl alcohol is highly poisonous, whereas ethyl alcohol is the principal intoxicating ingredient in alcoholic beverages. Therefore, it is contended that the deaths occurred due to consumption of spurious liquor containing methyl alcohol.

5. On the other hand, learned counsel for the Informant submits that the party was hosted by the petitioner and all arrangements were made by him. It is further submitted that the bail of a similarly situated co-accused has already been rejected by a Coordinate Bench of this Court.

6. Considering the aforesaid facts and circumstances, particularly the allegation that the petitioner had hosted the

Patna High Court CR. MISC. No.2739 of 2025(5) dt.17-03-2026 3/3 party where the deceased persons consumed spurious liquor leading to their death, this Court is not inclined to grant the privilege of bail to the petitioner at this stage.

7. However, a report has been called for from the learned Trial Court regarding the stage of the trial, which indicates that three witnesses have been examined so far and the trial is likely to be concluded within nine months.

8. In view of the above, the petitioner is granted liberty to renew his prayer for bail after nine months, if the trial is not concluded within the said period.

(Ashok Kumar Pandey, J) Jagdish/- U T