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Patna High CourtCR. MISC./11273/2026allowed

Rohit Kumar @ Rohit Kumar Paswan v. The State Of Bihar

2026-02-17Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11273 of 2026 Arising Out of PS. Case No.-318 Year-2025 Thana- SAHPUR District- Bhojpur ====================================================== Rohit Kumar @ Rohit Kumar Paswan S/o Dilip Paswan @ Dilip Kumar Ram R/o Village- Shahpur, Ward No. 01, P.S- Shahpur, Dist- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vivek Kunwar, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Shahpur P.S. Case No. 318 of 2025 for the offences registered under Section 30(a) of the Bihar Prohibition and Excise Act.

3. There is recovery of 160 litre country made liquor from a motorcycle bearing Registration No. BR44K5630 on which petitioner along with another co-accused were riding.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He has no concern with the seized liquor. Petitioner is not the owner of the said motorcycle. There is no independent witness to the search and seizure. There is violation of mandatory provisions of Section 103 of the B.N.S.S. Petitioner

Patna High Court CR. MISC. No.11273 of 2026(2) dt.17-02-2026 2/2 is a young boy having no criminal antecedent. He is in judicial custody since 01.01.2026. He undertakes to co-operate in the trial.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case, age and clean antecedent of the petitioner and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.- II, Bhojpur at Ara in connection with Shahpur P.S. Case No. 318 of 2025.

(Sunil Dutta Mishra, J) rakhi/- U T