Patna High Court
Rupesh Kumar @ AndwaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail may be granted where the alleged contraband is not recovered from the accused’s possession and the prosecution’s case rests solely on secret information without a proper investigation.
Summary
The petitioner, Rupesh Kumar, was charged under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act for alleged recovery of 54 litres of liquor from a third‑party's house and 488 litres from a location near a pond. He has sixteen prior cases, eight under the Excise Act, and has been in custody since 27‑09‑2025. The petitioner argued that no liquor was seized from his conscious possession, the recovered liquor belonged to others, and the case was based solely on secret information without a proper investigation. The State opposed the bail application. The Court, after considering these submissions, ordered the petitioner’s release on bail upon furnishing a bond of Rs.5,000 with two sureties, directing compliance with the trial court.
Issues considered
- Whether bail should be granted to an accused under the Bihar Prohibition and Excise Act when the alleged contraband was not found in his possession.
- Whether the presence of multiple prior excise cases warrants denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 41(1)
Subjects
- bail
- excise
- prohibition
- liquor seizure
- criminal procedure
- secret information
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41133 of 2026
Arising Out of PS. Case No.-245 Year-2025 Thana- KUNDWACHAINPUR District- East
Champaran
======================================================
Rupesh Kumar @ Andwa S/O Satrudhan Prasad Chowdhary @ Satrughan
Prasad @ Shatghan Prasad R/O Vill.- Islampur Tola, 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. Rabindra Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-07-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 30(a) and 41(1) of the Bihar
Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of sixteen cases out of which eight
cases are under the Excise Act and is in custody since
27.09.2025 and allegation is of recovery of 54 litres of liquor
from the house of Anil and 488 litres of liquor from a place near
the pond.
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 even the alleged
Patna High Court CR. MISC. No.41133 of 2026(2) dt.03-07-2026
2/2
recovery is from a place which does not belong to the petitioner
and petitioner has no concern or relation with Anil. It is further
submitted that petitioner came to be implicated based on the
secret information which is the easiest way to implicate
someone. It is next submitted that once an accused is implicated
in a case relating to excise the police start implicating
mechanically either at the instance of the Chawkidar, local
person, confessional statement or secret information without
holding a proper investigation of the case.
5. Mr. Rabindra Kumar, learned A.P.P. for the State
opposes the prayer for regular bail of the petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, the petitioner,
above-named, is directed to be released on bail on furnishing
bail bonds of Rs.5,000/- (Rupees Five Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Trial Court where the case is pending in connection with
Kundwachainpur P.S. Case No. 245 of 2025.
(Satyavrat Verma, J)
Kundan/-
U T
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