Rohit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31924 of 2026 Arising Out of PS. Case No.-104 Year-2026 Thana- JAYNAGAR District- Madhubani ====================================================== Rohit Kumar, S/o Shatrughan Sahu @ Shatrughan Sah, R/o Village - Korahiya, Ward No. 13, P.S - Jainagar, District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Kumari Pallavi, Advocate For the Opposite Party/s :
Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 12-05-2026 Heard the parties.
2. Petitioner seeks regular bail in connection with Jainagar P.S. Case No. 104 of 2026 registered for the offences punishable under Sections 274, 275 and 317(5) of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that neither the seized liquor nor the motorcycle belongs to the petitioner and no recovery has been made from his conscious possession. Learned counsel further submits that except the alleged confessional statement made before the police, there is no material on record to connect the petitioner with the alleged offence and such confessional
Patna High Court CR. MISC. No.31924 of 2026(2) dt.12-05-2026 2/2 statement has no evidentiary value in the eye of law. It is also submitted that there has been non-compliance of Sections 103 and 105 of the BNSS as well as Section 82 of the Bihar Prohibition and Excise Act and no independent witness has supported the seizure list. Learned counsel further submits that the petitioner has only one antecedent in which he is already on bail and is in custody since 09.03.2026.
4. Learned APP for the State has opposed the prayer for bail of the petitioner.
5. In the facts and circumstances of this case, and considering the statements made in the petition as well as the above submissions, in my opinion, the petitioner deserves the relief of bail. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Jainagar P.S. Case No. 104 of 2026.
(Shailendra Singh, J) maynaz/- U T