Created by Fuzzy Cloud

Patna High Court

Rupesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond and specified conditions.

Summary

Rupesh Kumar was arrested on 8 April 2026 in connection with the seizure of 1.280 litres of spirit, alleged to be in violation of Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act, 2023 and multiple provisions of the Bihar Prohibition and Excise Act. The petitioner claimed he was falsely implicated, asserting that no incriminating material was recovered from him and that the seizure was made at the co‑accused's egg shop. The prosecution opposed bail, highlighting the petitioner's eleven prior criminal antecedents, though noting he was on bail in all pending cases. The court, after considering the lack of direct evidence against the petitioner and his claim of innocence, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of his criminal antecedents. The bail order was directed to be implemented by the Special Excise Judge, East Champaran.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the offences under the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise Act.
  • Whether the absence of incriminating material recovered from the petitioner justifies bail.
  • Whether the petitioner's prior criminal antecedents warrant denial of bail.

Legislation cited

Subjects

  • bail
  • criminal antecedents
  • prohibition and excise
  • narcotic offences
  • trial cooperation
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40820 of 2026
                      Arising Out of PS. Case No.-181 Year-2026 Thana- TURKAULIYA District- East
                                                       Champaran
                 ======================================================
                 Rupesh Kumar S/o Late Fatinga Rai Son of Village - Laxmipur Kachahariya
                 Tola, P.S. - Raghunathpur, Dist. - East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Priyesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   30-06-2026                    Heard Mr. Priyesh Kumar, learned counsel for the

                   petitioner and Mr. Navin Kumar Pandey, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   08.04.2026 in connection with Turkauliya P.S. Case No. 181 of

                   2026, F.I.R. dated 05.04.2026 for the offences punishable under

                   Sections 274, 275 and 3(5) of the BNS, 2023 and Sections

                   30(a), 30(b), 32(2), 32(3), 33, 36, 41(1) and 41(2) of the Bihar

                   Prohibition and Excise Act.

                               3. Recovery is of 1.280 liters of Spirit.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case on the basis of disclosure made by the apprehended
Patna High Court CR. MISC. No.40820 of 2026(2) dt.30-06-2026
                                            2/3




          co-accused namely, Rakesh Kumar. He further submits that

          except the aforesaid, nothing has come during investigation

          which suggest the involvement of the petitioner in the present

          occurrence and no incriminating article has been recovered from

          the possession of the petitioner rather the recovery has been

          made from the egg shop of the co-accused person. The

          petitioner is in custody since 08.04.2026.

                      5 The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner on the

          ground that the petitioner carries 11 criminal antecedents other

          than the present one but fairly submits that he is on bail in all

          the pending matters.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Exclusive

          Special Excise Judge-I, East Champaran, Motihari in connection

          with Turkauliya P.S. Case No. 181 of 2026 subject to the

          following conditions:-

                        i. Petitioner shall co-operate in the trial and shall be

           properly represented on each and every date fixed by the court

           and shall remain physically present as directed by the court and
            Patna High Court CR. MISC. No.40820 of 2026(2) dt.30-06-2026
                                                        3/3




                       on his absence on two consecutive dates without sufficient

                       reason, his bail bond shall be cancelled by the Court below.

                                    ii. If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to

                       move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.