Patna High Court
Rupesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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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