Patna High Court
Rupesh Mehta @ Rupesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Rupesh Mehta, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 621 litres of liquor from the bank of the Koshi River. He argued that the liquor was not in his possession, the location was public, and the police relied on secret information without proper investigation. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and directed verification of the petitioner’s criminal antecedents. If more than one prior case is found, the bail will not be confirmed; if only one prior case, the bail will be confirmed. The order is subject to Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the case under Section 30(a) of the Bihar Excise Act.
- Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for granting anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- Bihar Excise Act
- Section 482
- provisional bail
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32880 of 2026
Arising Out of PS. Case No.-181 Year-2025 Thana- BHAPTIAHI District- Supaul
======================================================
Rupesh Mehta @ Rupesh Kumar S/o Jagadish Mehta R/o Village -
Kalayanpur, Ward No. 3, P.S. - Bhaptiyahi Sarai, District - Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prasoon Kumar
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 apprehends his arrest 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 one case under the Excise Act and
allegation is of recovery of 621 litres of liquor from bank of
Koshi river.
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 even the alleged
recovery is from a place which does not belong to the petitioner
and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.32880 of 2026(2) dt.15-05-2026
2/3
based on secret information which is the easiest way to
implicate someone. It is further submitted that once an accused
is implicated in a case relating to excise, the police starts
implicating mechanically either at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the event
of his arrest or surrender before the learned trial court within a
period of six weeks from today, be released on Provisional
anticipatory bail on furnishing bail bonds 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 Bhapatiyahi Sarai P.S.
Case No. 181 of 2025 subject to the conditions as laid down under
Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of more than one
case then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Patna High Court CR. MISC. No.32880 of 2026(2) dt.15-05-2026
3/3
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner has
antecedent of one case in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.