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Patna High Court

Rupesh Kumar @ PauwaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner on the condition of a Rs. 5,000 bond with two sureties.

Summary

Rupesh Kumar was charged under Section 30(a) of the Bihar Excise Act for allegedly recovering 250.56 litres of liquor from a vehicle, despite having five prior excise cases. The petitioner argued he was not arrested on the spot, had no conscious possession, was not the vehicle's owner, and was implicated solely on a police‑custody confessional statement, which he claimed lacked evidentiary value. He also contended that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed bail. The court, after considering these submissions, ordered the petitioner’s release on bail upon furnishing a Rs. 5,000 bond with two sureties, directing compliance with the trial court’s conditions.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Excise Act given the alleged recovery of liquor and prior cases.
  • Whether the confessional statement of a co‑accused made in police custody can be the sole basis for arrest and bail denial.
  • Effect of the 2018 amendment to the Bihar Excise Act on the doctrines of deemed possession and presumed offender.

Legislation cited

Subjects

  • bail
  • excise law
  • possession
  • confessional statement
  • criminal procedure
  • Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32779 of 2026
                      Arising Out of PS. Case No.-165 Year-2025 Thana- AURAI District- Muzaffarpur
                 ======================================================
                 Rupesh Kumar @ Pauwa Son of Sakaldev Ray Resident of Village- Dev Kuli,
                 P.S.- Aurai, District- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms.Bela Singh
                 For the Opposite Party/s :        Ms.Asha Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-05-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner seeks bail in a case registered for the

                   offences punishable under Section 30(a) of the Bihar Excise

                   Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of five cases under the Excise Act and

                   allegation is of recovery of 250.56 litres of liquor from a Bolero

                   vehicle.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and is not the owner of

                   the seized vehicle and he came to be implicated based on

                   confessional statement of Amarnath in police custody which
              Patna High Court CR. MISC. No.32779 of 2026(2) dt.15-05-2026
                                                          2/2




                        does not have any evidentiary value. It is next submitted that

                        after amendment in the Excise Act in the year 2018, the concept

                        of deemed possession and presumed offender has been done

                        away with. It is also submitted that petitioner is in custody since

                        1-4-2026.

                                 5.     Learned A.P.P. for the State vehemently opposes

                        the prayer for bail of the petitioner.

                                 6.     Considering the submission made by learned

                        counsel for the petitioner, let the petitioner, above named, be

                        released on bail on furnishing bail bond of Rs. 5,000/- (Rupees

                        Five Thousand) with two sureties of the like amount each to the

                        satisfaction of the learned trial court where the case is

                        pending/successor court in connection with Aurai P.S. Case No.

                        165 of 2025.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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