Patna High Court
Rupesh Kumar @ PauwaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a)
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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