Patna High Court
Rupesh Kumar @ PauwaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specific conditions.
Summary
Rupesh Kumar was arrested on 18 March 2026 in connection with the seizure of 2,369.96 litres of illicit foreign liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. He contended that the liquor was recovered from a roadside location and that he had no direct possession or role, his name having been mentioned only by a co‑accused. The petitioner argued that the seizure list and witnesses were police personnel, violating Sections 103 and 105 of the BNSS, and pointed to the bail granted to similarly situated co‑accused. The prosecution opposed bail, citing five prior criminal antecedents, though noting the petitioner was already on bail in three other cases. The court, after considering the submissions, granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite alleged involvement in the illicit liquor seizure under the Bihar Prohibition and Excise Act, 2018.
- Whether the alleged non‑compliance of Sections 103 and 105 of the BNSS affects the bail application.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- BNSS — s. 103, 105
Subjects
- bail
- illicit liquor
- seizure
- prohibition act
- criminal antecedent
- BNSS
- Section 30(a)
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29626 of 2026
Arising Out of PS. Case No.-137 Year-2025 Thana- AURAI District- Muzaffarpur
======================================================
Rupesh Kumar @ Pauwa S/o Sakaldev Ray R/o Village - Devkuli, PS - Aurai,
District – Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashish Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-05-2026 Heard Mr. Ashish Kumar, learned counsel for the
petitioner and Mr. Sanjay Kumar Tiwary, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
18.03.2026 in connection with Aurai P.S. Case No. 137 of 2025,
F.I.R. dated 26.06.2025 for the offences punishable under Section
30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 2369.960 liters of illicit country made
foreign liquor.
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. as
well as seizure list that nothing has been recovered from the
conscious possession of the petitioner rather the recovery has been
made from beside the road at Bharthua dam and the petitioner has
Patna High Court CR. MISC. No.29626 of 2026(2) dt.07-05-2026
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no role at all in the present occurrence and his name transpired on
the basis of disclosure made apprehended co-accused person and
except the aforesaid, no other cogent material has come during
investigation which suggest the involvement of the petitioner in
the present occurrence. He further submits that seizure list
witnesses are police personnel so there is non-compliance of
Section 103 and 105 of BNSS. He next submits that and similarly
situated co-accused, namely, Raushan Sahni @ Raushan Kumar
@ Raushan Sahni has been granted the privilege of bail by this
Court vide order dated 24.03.2026 in Cr. Misc. No. 18378 of 2026
and another co-accused, Vikku Sahni @ Vikcy Kumar @ Vikcy
Sahni has been granted the privilege of bail by a co-ordinate
Bench of this Court vide order dated 17.10.2025 in Cr. Misc. No.
73724 of 2025. The petitioner is in custody since 18.03.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries five criminal antecedents other than
the present one but fairly submits on the basis of paragraph-3 of
the bail application that the petitioner is on bail in the three cases.
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
Patna High Court CR. MISC. No.29626 of 2026(2) dt.07-05-2026
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amount each to the satisfaction of the learned Exclusive Special
Excise Court No.-II, Muzaffarpur in connection with Aurai P.S.
Case No. 137 of 2025, subject to 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 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)
Suruchi/-
U T
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