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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, holding that the evidence against him was insufficient to justify continued detention.

Summary

Rupesh Kumar applied for bail in a criminal case under Section 30(a) of the Excise Act, alleging that 405.36 litres of liquor were recovered from three vehicles. He contended that he was not arrested at the scene, had no possession of the liquor, and was implicated solely on a confessional statement made by co-accused Raushan while in police custody, which he argued lacks evidentiary value. The State opposed the bail, citing the seriousness of the offence and the petitioner’s prior five excise cases. The Court considered the lack of direct possession, the reliance on a custodial confession, and the duration of his custody since 20‑04‑2026. It ordered his release on regular bail upon furnishing a Rs.5,000 bond with two sureties, and the bail application was allowed.

Issues considered

  • Whether bail should be granted in a case under Section 30(a) of the Excise Act involving alleged recovery of liquor.
  • Whether a confessional statement made by a co‑accused in police custody can be the sole basis for arrest and denial of bail.
  • Whether the petitioner’s period of custody and lack of direct possession justify granting bail.

Legislation cited

Subjects

  • bail
  • Excise Act
  • Section 30(a)
  • confessional statement
  • police custody
  • preliminary investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37835 of 2026
                      Arising Out of PS. Case No.-108 Year-2025 Thana- AURAI District- Muzaffarpur
                 ======================================================
                 Rupesh Kumar @ Pauwa Son of Sakaldev Ray Resident of Village- Devkuli,
                 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 :        Mr.Shyam Bihari Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   01-07-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

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

                   offences punishable under Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of five cases under the Excise Act

                   and is in custody since 20.04.2026 and allegation is of recovery

                   of 405.36 litres of liquor from three different vehicles.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and is not the owner of

                   any of the seized vehicles and he came to be implicated based

                   on confessional statement of Raushan in police custody which

                   does not have any evidentiary value. It is next submitted that
               Patna High Court CR. MISC. No.37835 of 2026(2) dt.01-07-2026
                                                           2/2




                         police in majority of cases implicating innocent persons either at

                         the behest of Chaukidar, local person, secret information and

                         confessional statement in a mechanical manner without holding

                         a proper investigation.

                                      5. Learned A.P.P. opposes the bail application.

                                      6. Considering the submissions made by the learned

                         counsel for the petitioner and taking into consideration the

                         period of custody, the petitioner, above-named, is directed to be

                         released on regular bail on his furnishing bail-bonds in the sum

                         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.108 of 2025.

                                      7. The application stands allowed.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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