Created by Fuzzy Cloud

Patna High Court

Rupesh Kumar @ Tufan Sahani @ Tufani Sahani @ Rupesh Kr. SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                         3/3




                        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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.