Patna High Court
Rupesh Mishra @ Rupesh Kumar MishraversusThe state of bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The court denied anticipatory bail to the petitioner.
Summary
The petitioner, Rupesh Mishra, applied for anticipatory bail after a case was registered against him for alleged possession of 5.04 litres of liquor and 1 kg of ganja, offenses punishable under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 8 and 20(B)(ii)(B) of the NDPS Act. The petitioner claimed he was not arrested at the scene and that no contraband was found in his conscious possession, asserting that the allegations stemmed from a watchman with whom he had an inimical relationship. The State opposed the bail, emphasizing the seriousness of the offenses and that the investigation was at a nascent stage. The court considered the State's submissions and the nature of the charges, and decided not to extend the privilege of anticipatory bail. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged possession of liquor under the Bihar Prohibition and Excise Act and ganja under the NDPS Act.
- Whether the absence of arrest and lack of recovery from the petitioner's conscious possession justify granting anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(B)(ii)(B), 8
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- NDPS Act
- liquor possession
- ganja possession
- criminal procedure
- preliminary investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38939 of 2026
Arising Out of PS. Case No.-243 Year-2025 Thana- SANGRAMPUR District- East
Champaran
======================================================
Rupesh Mishra @ Rupesh Kumar Mishra S/O Uday Mishra Resident of
village - Madhubani, P.S- Sangrampur, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-06-2026 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 Prohibition and Excise Act as well as Sections 8, 20(B)(ii)
(B) of the NDPS Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases out of which one case is
under the Excise Act and allegation is of recovery of 5.04 litres
of liquor from a thatched hut near the house of Chandramohan
Tiwari along with 1 Kg. of Ganja.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and he came to be
Patna High Court CR. MISC. No.38939 of 2026(2) dt.30-06-2026
2/2
implicated at the instance of the Chawkidar with whom he is on
an inimical term.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner and submits that this is not a
case only relating to liquor but then allegation is that Ganja was
also recovered from the place of occurrence and the name of the
petitioner transpired at the instance of the Chawkidar and
investigation of the case is in its nascent stages.
6. Considering the submissions made by the learned
A.P.P. for the State, the Court is not inclined to extend the
privilege of anticipatory bail to the petitioner in connection with
Sangrampur P.S. Case No. 243 of 2025 pending in the Court of
learned Special Judge, Excise Court No. 1, East Champaran at
Motihari/Successor Court.
7. Hence, the prayer for anticipatory bail is rejected.
(Satyavrat Verma, J)
Kundan/-
U T
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