Patna High Court
Rupesh Kumar @ AndwaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 317(5), 480(3)
- Bihar Prohibition & Excise Act, 2016 — s. 30(a)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.