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Patna High Court

Rupesh RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond and specified conditions.

Summary

Rupesh Rai was arrested on 9 March 2026 in connection with a case involving the seizure of 354.24 litres of English liquor from a bamboo orchard and 155.52 litres from a vehicle, alleged under Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act. The petitioner argued that the liquor was not recovered from his conscious possession and that his name appeared in the FIR only on the basis of a local watchman's disclosure, also contending non‑compliance with Sections 103 and 105 of the BNSS, 2023. The State opposed bail, noting three other similar cases pending against the petitioner, though he was already on bail in those matters. The Court examined the facts, the lack of direct possession, and the procedural issues, and decided to grant bail on a bond of Rs.10,000 with two sureties of the same amount, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The bail order was issued without delay for verification, and the petitioner was released on the stipulated terms.

Issues considered

  • Whether bail should be granted when the seized liquor was not in the petitioner's conscious possession.
  • Whether the investigation complied with Sections 103 and 105 of the BNSS, 2023.
  • Impact of the petitioner's other pending cases on the bail decision.

Legislation cited

Subjects

  • bail
  • prohibition act
  • excise
  • seizure
  • conscious possession
  • BNSS 2023
  • criminal antecedent
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27273 of 2026
                   Arising Out of PS. Case No.-111 Year-2026 Thana- KESARIA District- East Champaran
                 ======================================================
                 Rupesh Rai Son of Pundev Rai @ Pundev Ray Resident of Village - Kadhan
                 Ward No. - 06, P.S.- Kesariya, District - East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Mr.Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   22-04-2026                    Heard Mr.Abhishek Kumar, learned counsel for the

                   petitioner and Mr.Sanjay Kumar Pandey, learned A.P.P. for the

                   State.

                                2. The petitioner seeks bail, who is in custody since

                   09.03.2026 in connection with Kesariya P.S. Case No. 111 of

                   2026, F.I.R. dated 08.03.2026 registered for the offence

                   punishable under Sections 30(a),32,41(1) of Bihar Prohibition

                   and Excise Act.

                                3. Recovery is of 354.240 liters of English liquor from

                   Banswari behind the house of Manokamna Singh and 155.52

                   liters of English liquor from the Bolero vehicle.

                                4. Learned counsel appearing for the petitioner

                   submits that it appears from the FIR as well as the seizure list

                   that nothing has been recovered from conscious possession of
Patna High Court CR. MISC. No.27273 of 2026(2) dt.22-04-2026
                                            2/3




          the petitioner rather 354.240 liters of English liquor was

          recovered from the Bamboo Orchard behind the house of

          Manokamna Singh and 155.52 liters of English liquor was

          recovered from the Bolero vehicle in question. Learned counsel

          for the petitioner submits that nothing has been recovered from

          conscious possession of the petitioner. Name of the petitioner

          has been transpired during investigation on the basis of the

          disclosure made by the local Chaukidar. As per allegation in the

          FIR, the petitioner was escaped from the place of occurrence.

          Further submits that from a bare perusal of the FIR as well as

          the seizure list that there is non-compliance of Sections 103 and

          105 of BNSS, 2023 and the petitioner is in custody since

          09.03.2026.

                       5. Learned APP for the State has opposed the prayer

          for bail of the petitioner and submits that the petitioner carries

          three more cases other than the present one of similar nature but

          he fairly submits that the petitioner is on bail in all the cases, as

          mentioned in para-3 of the bail petition.

                       6. Considering the aforesaid fact, 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 learned Exclusive Special Excise
             Patna High Court CR. MISC. No.27273 of 2026(2) dt.22-04-2026
                                                         3/3




                       Court No.-3, Motihari, East Champaran in connection with

                       Kesariya P.S. Case No. 111 of 2026, with the following

                       conditions:-

                                    (I) Petitioner shall co-operate in the trial and shall be

                       properly represented on each and every date fixed by the Court

                       and shall remain physically present as directed by the Court and

                       on his/her absence on two consecutive dates without sufficient

                       reason, his/her 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)
Nitesh/-
U        T


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