Patna High Court
Rupesh Kumar @ AndwaversusThe state of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 105
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
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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/-
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