Rupesh Kumar @ AndwaversusThe state of bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42716 of 2026
                     Arising Out of PS. Case No.-447 Year-2024 Thana- GHORASAHAN District- East
                                                       Champaran
                 ======================================================
                 Rupesh Kumar @ Andwa S/O Satrudhan Prasad @ Satrughan Prasad @
                 Shatghan Prasad @ Shatughan Chaudhary R/O Vill.- Islampur tola, Azad
                 Chowk, P.S- Dhaka, Dist -East Champaran

                                                                                ... ... Petitioner/s
                                                      Versus
                 The state of bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Prateek Tandon, Advocate
                 For the Opposite Party/s :      Mr. Syed Mojibur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   06-07-2026                    Heard Mr. Prateek Tandon, learned counsel for the

                   petitioner and Mr. Syed Mojibur Rahman, learned APP for the

                   State.

                                2. Petitioner seeks bail, who is in custody since

                   25.09.2025, in connection with Ghorasahan P.S. Case No. 447

                   of 2024, F.I.R. dated 25.11.2024 registered for the offences

                   punishable under Sections 30(a), 41(1) of the Bihar Prohibition

                   and Excise Act, 2016.

                                3. Recovery is of 46.800 litres of Nepali country

                   made liquor.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. He further submits that it appears from the F.I.R.
Patna High Court CR. MISC. No.42716 of 2026(2) dt.06-07-2026
                                            2/3




          as well as seizure list that nothing has been recovered from the

          conscious possession of the petitioner rather recovery has been

          made from the car in question and altogether 46.800 litres of

          Nepali country made liquor was recovered from the car in

          question and petitioner has no concern at all with the alleged

          recovery of illicit liquor or the car in question. He further

          submits that the police after investigation submitted chargesheet

          against the petitioner and the petitioner is in custody since

          25.09.2025.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for             bail of the

          petitioner and submits that the petitioner carries sixteen more

          cases other than the present one but fairly submits on the basis

          of paragraph-3 of the bail petition that the petitioner is on bail in

          the pending matters.

                       6. Considering the facts and circumstances of the case

          and the fact that nothing has been recovered from the conscious

          possession of the petitioner as well as period of custody, let the

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

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

          of the like amount each to the satisfaction of learned Exclusive

          Special Excise Court No. 3, East Champaran, Motihari in
               Patna High Court CR. MISC. No.42716 of 2026(2) dt.06-07-2026
                                                           3/3




                         connection with Ghorasahan P.S. Case No. 447 of 2024, subject

                         to the following conditions :-

                                      (1) 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

                         on her absence on two consecutive dates without sufficient

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

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) 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 her

                         criminal antecedents, 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)
Ibrar//-

U          T