Patna High Court
Rupesh Kumar @ Tufan Sahani @ Tufani Sahani @ Rupesh Kr. SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to a bond of Rs 10,000, two sureties and specified conditions.
Summary
The petitioner, Rupesh Kumar, was arrested on 1 March 2026 in connection with a case involving the seizure of 70 litres of country‑made liquor, alleged to be offences under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 274 and 275 of the Bihar Narcotic Substances Act. He claimed innocence, arguing that the seized liquor was not in his conscious possession and that identification by a chowkidar was unreliable, further contending that the police had not complied with procedural requirements of Sections 103 and 105 of the BNSS. The prosecution opposed bail, highlighting six prior criminal antecedents, though it noted the petitioner was already on bail in the same matter. The Court, after considering the facts, granted bail on a bond of Rs 10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The bail order was made subject to cancellation if conditions were breached.
Issues considered
- Whether bail should be granted to the petitioner despite alleged involvement in illegal liquor seizure and prior criminal antecedents.
- Whether non‑compliance with Sections 103 and 105 of the Bihar Narcotic Substances Act warrants denial of bail.
Legislation cited
- B.N.S. — s. 103, 105, 274, 275
Subjects
- bail
- illegal liquor
- Bihar Prohibition and Excise Act
- Bihar Narcotic Substances Act
- procedural compliance
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25414 of 2026
Arising Out of PS. Case No.-525 Year-2025 Thana- RAMGARHWA District- East
Champaran
======================================================
Rupesh Kumar @ Tufan Sahani @ Tufani Sahani @ Rupesh Kr. Sahani S/o
Kanahi Sahani @ Kanhai Sahani @ Gauri Sahani R/V.- Muswa, Bherihari
Bhedihari, P.S.- Sugauli, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kundan Rathore @ Kundan Kumar, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 18-04-2026 Heard Mr. Kundan Rathore, learned counsel for the
petitioner and Mr. Mritunjay Kumar Nirala, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
01.03.2026 in connection with Ramgarhwa P.S. Case
No.525/2025, F.I.R. dated 30.12.2025 for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act and Section 274 and 275 of the B.N.S.
3. Recovery is of 70 liters of country made liquor from
the place of occurrence.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R.
Patna High Court CR. MISC. No.25414 of 2026(2) dt.18-04-2026
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as well as seizure list that nothing has been recovered from the
conscious possession of the petitioner. As per the FIR, the
petitioner has fled away from the place of occurrence and local
chowkidar identified the petitioner saying that he is the person
who has fled away from the place of occurrence. The seizure list
witnesses are police personnel and there is non-compliance of
Sections 103 and 105 of the BNSS. He further submits that the
police after investigation submitted the charge sheet against the
petitioner. The petitioner is in custody since 21.11.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries six criminal antecedents but fairly
submits on the basis of paragraph-3 of the bail application that
the petitioner is on bail in the said matter.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned court of
Exclusive Special Excise Court No.3/ Concern Court, Motihari,
East Champarn in connection with Ramgarhwa P.S. Case
No.525/2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.25414 of 2026(2) dt.18-04-2026
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properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
atul/-
U T
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