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Patna High Court

Rupesh Kumar @ AndwaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court ordered the petitioner’s release on bail subject to conditions prescribed under Section 480(3) of the Bharatiya Nyaya Sanhita.

Summary

The petitioner, Rupesh Kumar, was arrested in connection with the alleged transport of 162 litres of illicit Nepali liquor, charged under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition & Excise Act, 2016. The police recovered the liquor from two motorcycles, and a local chowkidar identified the petitioner among the fleeing accused. The petitioner claimed he had no conscious possession of the liquor and was falsely implicated, citing his numerous prior cases but noting he was on bail in all of them. The State opposed bail, while the court noted the absence of any recovery from the petitioner’s possession and the length of his custody since 18‑10‑2025. Considering these factors, the court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions under Section 480(3) of the BNSS.

Issues considered

  • Whether bail should be granted to the petitioner under Section 317(5) of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition & Excise Act despite his prior criminal antecedent.
  • Whether the lack of conscious possession of the illicit liquor justifies the grant of bail.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • prohibition law
  • criminal antecedent
  • conscious possession
  • Section 317
  • Section 30
  • Section 480
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42193 of 2026
                    Arising Out of PS. Case No.-52 Year-2025 Thana- DHAKA District- East Champaran
                 ======================================================
                 Rupesh Kumar @ Andwa S/O Satrudhan Prasad Chaudhary @ Shatrughan
                 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. Shyameshwar Dayal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   01-07-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                02. In the present case, the petitioner seeks bail in

                   connection with Dhaka P.S. Case No. 52 of 2025 registered for

                   the alleged offences under Sections 317(5) of Bharatiya Nyaya

                   Sanhita, 2023 and Section 30(a) of the Bihar Prohibition &

                   Excise Act, 2016.

                                03. As per prosecution case, police received secret

                   information about transportation of illicit liquor on two

                   motorcycles. The motorcycles were identified and three

                   miscreants on these motorcycles started running away on seeing

                   the police party and made good their escape. On search of the

                   bags kept on the motorcycle, recovery of total 162 liters of
Patna High Court CR. MISC. No.42193 of 2026(2) dt.01-07-2026
                                            2/3




          country made Nepali liquor was made. The local Chowkidar

          disclosed the name of the petitioner along with other co-accused

          who fled away while their motorcycles were being intercepted.

                       04. Learned counsel for the petitioner submits that the

          petitioner is innocent and has been falsely implicated in this

          case. Learned counsel further submits that no recovery has been

          made from the conscious possession of the petitioner and he has

          been implicated due to his criminal antecedent, as the petitioner

          is having antecedent of 16 cases mostly of similar nature.

          However, the petitioner is on bail in all such cases. The

          petitioner is in custody since 18.10.2025 and charge-sheet has

          been submitted.

                       05. Learned APP for the State opposes submission

          made on behalf of the petitioner.

                       06. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          fact that no recovery has been shown from the conscious

          possession of the petitioner and further considering the period of

          custody of the petitioner along with submission of charge-sheet,

          the petitioner above named is directed to be released on bail on

          furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

          sureties of the like amount each to the satisfaction of learned
           Patna High Court CR. MISC. No.42193 of 2026(2) dt.01-07-2026
                                                       3/3




                     Exclusive Special Excise Court No. 3, East Champaran,

                     Motihari/court concerned in connection with Dhaka P.S. Case

                     No. 52 of 2025, subject to the conditions mentioned in Section

                     480(3) of BNSS and the following conditions:

                                  (i) One of the bailors will be a close relative of

                                  the petitioner.

                                  (ii) The petitioner will remain present on each and

                                  every date fixed by the court below.

                                  (iii) In case of absence on three consecutive dates

                                  or in violation of the terms of the bail, the bail

                                  bond of the petitioner will be liable to be

                                  cancelled by the court concerned.



                                                       (Arun Kumar Jha, J)
Ashish/-

U      T


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