Patna High Court
Rupesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Bihar Excise and Prohibition Act — s. 30(a)
- BNSS — s. 482(2)
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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