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Patna High Court

Rupesh Kumar @ PauwaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        3/3




                   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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