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Patna High Court

Rupesh Kumar @ AndwaversusThe state of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner with specified bond and surety conditions.

Summary

The petitioner, Rupesh Kumar, was arrested in connection with the alleged seizure of 212.1 litres of illicit Nepali liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that no liquor was found in his possession and that the police failed to comply with Section 105 of the B.N.S.S. during the seizure. The petitioner also highlighted his extensive criminal record, claiming he was being framed. The State opposed the bail application, arguing the seriousness of the offence and the petitioner’s antecedents. After hearing both sides, the court granted regular bail on a bond of Rs.10,000 with two sureties, subject to conditions of attendance in court and weekly police station reporting. The order was directed to be communicated to the Superintendent of Police, East Chambrar.

Issues considered

  • Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act despite prior criminal antecedents.
  • Whether the alleged non‑compliance with Section 105 of the B.N.S.S. during seizure affects the bail application.
  • Whether the presence of prior similar offences justifies denial of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • seizure procedure
  • police compliance
  • prior criminal record

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39204 of 2026
                  Arising Out of PS. Case No.-233 Year-2025 Thana- KUNDWACHAINPUR District- East
                                                       Champaran
                 ======================================================
                 Rupesh Kumar @ Andwa S/O Satrudhan Prasad @ Satrughan Prasad R/O
                 Vill.- Islampur Patel Chawk, P.S- Dhaka, Dist - East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Prateek Tandon, Advocate
                 For the Opposite Party/s :     Mr. Madan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   30-06-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. The case of the prosecution, in short is that from

                   road side, altogether 212.1 liters of illicit Nepali country made

                   liquor was recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that nothing has been

                   recovered from the possession of this petitioner. It has further

                   been submitted that the witnesses of the seizure list are police
Patna High Court CR. MISC. No.39204 of 2026(2) dt.30-06-2026
                                            2/3




          personnel. Police has not complied Section 105 of the B.N.S.S.

          while making the seizure. It has further been submitted that as

          the petitioner is having criminal antecedent of 15 cases out of

          which 9 are of similar nature, he has been framed in this case by

          the police. He is languishing in judicial custody since

          14.10.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be released on bail in connection with

          Kundwachainpur P.S. Case No. 233 of 2025 on furnishing bail

          bond of Rs.10,000/- (ten thousand) with two sureties of the like

          amount each to the satisfaction of learned Exclusive Special

          Excise Court No.3, East Champaran, Motihari with the

          following conditions:-

                       (i) The petitioner shall cooperate in the trail and

          shall remain physically present on each and every fixed date

          in the learned trial court.

                       (ii) He shall also mark his attendance weekly at

          Dhaka P.S.
             Patna High Court CR. MISC. No.39204 of 2026(2) dt.30-06-2026
                                                         3/3




                                    7. Office is directed to communicate this order to the

                       Superintendent of Police, East Champaran, Motihari.



                                             (Ashok Kumar Pandey, J)
lata/-
U        T


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