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Patna High Court

Rupesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner.

Summary

The petitioner, Rupesh Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 100 litres of country-made liquor on a motorcycle. He claimed innocence, stating he did not own the motorcycle and that no incriminating material was found in his possession, and highlighted his lack of prior criminal record. The State opposed bail, but the court noted the petitioner had already been in custody since 26‑09‑2025 and that there was no compliance with Section 103 of the BNSS, 2023. Considering the circumstances, the court decided to grant bail. The petitioner was ordered to be released on furnishing a bail bond of Rs.15,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the lack of compliance with Section 103 of the BNSS, 2023 affects the bail application.
  • Whether the petitioner poses a flight risk or risk of tampering with evidence.

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Section 30
  • criminal procedure
  • Section 103
  • BNSS 2023
  • excise
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1285 of 2026
                 Arising Out of PS. Case No.-284 Year-2025 Thana- LAKHAURA District- East Champaran
                 ======================================================
                 Rupesh Kumar Son of Gufa Sahani @ Gafu Sahani @ Gappu Sahani R/V-
                 Lakhaura, Bichla Tola, P.S.- Lakhaura, District - East Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Kundan Rathore Alias Kundan Kumar, Adv.
                 For the Opposite Party/s :      Mr. Parmanand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                           2. The petitioner seeks bail in connection with Lakhaura

                   PS Case No. 284 of 2025 instituted for the offences under

                   Section 30(a) of the Bihar Prohibition and Excise Act.

                           3. The prosecution case, in short, is that 100 liters of

                   country made liquor was recovered from the motorcycle.

                           4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. Learned counsel for

                   the petitioner submits that the petitioner is not the owner of the

                   said motorcycle and has been implicated in this case by the
           Patna High Court CR. MISC. No.1285 of 2026(2) dt.19-01-2026
                                                       2/2




                     police with ulterior motive. The petitioner is in custody since

                     26.09.2025 and has got no criminal antecedent. There is no

                     compliance of Section 103 of the BNSS, 2023.

                             5. Learned A.P.P. for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                             6. Considering the aforesaid facts and circumstances of

                     the case and the period of custody undergone by the petitioner,

                     this Court is inclined to grant bail to the petitioner.

                             7. Let the petitioner be released on bail on furnishing bail

                     bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the

                     like amount each to the satisfaction of Court below/concerned

                     Court in connection with Lakhaura PS Case No. 284 of 2025.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T


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