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Patna High Court

Rupesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to conditions, as the recovery was not from his constructive possession and he had no antecedents.

Summary

The petitioner, Rupesh Kumar, was implicated in a case alleging possession of 74.4 litres of illicit liquor recovered from a car registered as BR01CS 7486, under Section 30(a) of the Bihar Excise and Prohibition Act. He contended that the vehicle had been sold to a third party, Pappu Yadav, on 18 January 2025, and that he had no criminal antecedents, arguing that he did not have constructive possession of the seized liquor. The State opposed the bail, maintaining that the petitioner was the owner of the car at the time of recovery. The Court examined the sale documents, the lack of direct possession, and the petitioner's clean record, and found merit in granting anticipatory bail. Accordingly, the Court ordered anticipatory bail with a bond of Rs. 10,000 and specific conditions, invoking Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite the recovery of illicit liquor from a vehicle registered in his name.
  • Whether the sale of the vehicle to a third party discharges the petitioner from liability for the recovered liquor.
  • Whether the absence of constructive possession and the petitioner's clean criminal record justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • illicit liquor
  • constructive possession
  • bail conditions
  • Bihar Excise and Prohibition Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27458 of 2026
                     Arising Out of PS. Case No.-304 Year-2025 Thana- NAANPUR District- Sitamarhi
                 ======================================================
                 Rupesh Kumar son of Jagdish Prasad Sinha, R/O village Jagobigha, PS-
                 Chandi, Nalanda.                                   ... ... Petitioner/s
                                               Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Girish Chandra Jha, Adv.
                 For the Opposite Party/s :       Mr. Kumar Ranjit Ranjan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   13-05-2026                      Heard Mr. Girish Chandra Jha, learned counsel for

                   the petitioner and learned APP for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Nanpur P.S. Case No. 304 of 2025 for the

                   offence punishable under sections 30(a) of the Bihar Excise and

                   Prohibition Act, lodged on 27.07.2025 by the informant.

                                3. As per the prosecution case, there has been

                   recovery of 74.400 litres of illicit liquor has been recovered

                   from a Car bearing Registration No. BR01CS 7486.

                                4. Learned counsel for the petitioner submits that the

                   recovered illicit liquor does not belong to this petitioner and the

                   petitioner has been made accused in this case on the ground that

                   he is the owner of the car from where the recovery has been

                   made. Learned counsel for the petitioner next submits that the

                   said car has already been sold out to one Pappu Yadav on
Patna High Court CR. MISC. No.27458 of 2026(3) dt.13-05-2026
                                            2/3




          18.01.2025 itself but the transfer of the vehicle could not be

          made. The sale letter of the said car is appended with the instant

          anticipatory bail at page 16 to 18 (Annexure-P/2). Learned

          counsel submits that the petitioner is ready to identify the

          purchaser in order to assist in the investigation to reach to a

          logical conclusion.         Learned counsel lastly submits that the

          petitioner has got no criminal antecedents and the seized article

          is in no way connected to the petitioner.

                       5. Learned APP opposes the prayer submitting that

          the petitioner is the owner of the car from where the recovery

          has been made.

                       6. Considering the fact that the recovery has not been

          made from the constructive possession of this petitioner and the

          vehicle from where the recovery has been made, has already

          been sold out to one Pappu Yadav and the sale letter of the said

          vehicle is annexed as Anneuxre-P/2 and the petitioner has got no

          antecedent, this Court is inclined to extend him the privilege of

          anticipatory bail.

                       7. Let the petitioner, above named, be released on

          bail in the event of arrest or surrender within a period of six

          weeks from the receipt of this order, on furnishing bail bond of

          Rs. 10,000/- (Ten thousand) with two sureties of like amount
           Patna High Court CR. MISC. No.27458 of 2026(3) dt.13-05-2026
                                                       3/3




                     each to the satisfaction of learned Exclusive Special Excise

                     Court-2, Sitamarhi in connection with aforesaid PS Case,

                     subject to the conditions as laid down under Section 482(2) of

                     the BNSS as well as the following conditions:-

                                                        (i) one of the bailors should be the
                                             family member/relative of the petitioner(s)
                                             who shall provide official document to show
                                             his/her bona fide;
                                                        (ii) the petitioner(s) shall appear
                                             on each and every date before the Trial
                                             Court and failure to do so for two
                                             consecutive dates without plausible reason
                                             will entail cancellation of his bail bond by
                                             the Trial Court itself;
                                                        (iii) the petitioner(s) shall in no
                                             way try to induce or promise or threat the
                                             witnesses or tamper with the evidences,
                                             failing which the State shall be at liberty to
                                             take steps for cancellation of the bail bonds;
                                                        (iv) the petitioner(s) shall desist
                                             from committing any criminal offence again,
                                             failing which the State shall be at liberty to
                                             take steps for cancellation of his bail bonds.



                                                                          (Ajit Kumar, J)

perwez/Suryadev

U      T


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