Rohit Kumar v. The State Of Bihar

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 13-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. 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.

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

4. 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.

5. 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.

6. 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 3rd Exclusive Excise court, Saran at Chapra, in connection with Parsa P.S. Case No.01 of 2026.

(Ashok Kumar Pandey, J) Durgesh/- Rohit/- U T