Patna High Court
Rupesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 274, 275, 3(5)
- Bihar Prohibition and Excise Act — s. 30(a), 30(b), 32(2), 32(3), 33, 36, 41(1), 41(2)
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
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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
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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
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