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Patna High Court

Rupesh Kumar @ Rahul KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioners subject to conditions and verification of their criminal antecedents.

Summary

The petitioners sought anticipatory bail fearing arrest in a case under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act, 2023 read with Section 30(a) of the Bihar Excise Act, alleging that 140 litres of liquor was recovered from a bag near a river and not from their possession. They argued that the recovery was from a public place, that the informant (chowkidar) did not inform police earlier, and that there was no direct evidence linking them to the contraband. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and a condition that the trial court verify the petitioners' criminal antecedents within six weeks. It further stipulated that if the antecedents exceed the disclosed limits, the bail would not be confirmed. The petitioners were directed to deposit Rs.5,000 with the Lawyers’ Association within two weeks.

Issues considered

  • Whether anticipatory bail is appropriate in offences under the Bihar Narcotic Substances Act, 2023 and Bihar Excise Act.
  • Whether the absence of recovered contraband in the petitioners' possession justifies granting bail.
  • Whether the petitioners' prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • criminal antecedent
  • provisional bail
  • Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6430 of 2026
                    Arising Out of PS. Case No.-3 Year-2026 Thana- LAURIA District- West Champaran
                 ======================================================
           1.     Rupesh Kumar @ Rahul Kumar S/O Santosh Chaudhary @ Santosh
                  Chaudhari R/O Village- Pakari Nuniya Tola, P.S- Lauriya, District- West
                  Champaran.
           2.    Sanjay Kumar @ Nanak S/O Bhual Chaudhary @ Bharat Bhuwal
                 Chaudhary @ Bharat Bhwaal Chaudhari @ Bharat Bhual Chaudhary R/O
                 Village- Pakari Nuniya Tola, P.S- Lauriya, District- West Champaran.
           3.    Ranjeet Chaudhary @ Tahalu Chaudhary @ Ranjeet Kumar S/O Mahanth
                 Chaudhary @ Mahant Chaudhari R/O Village- Pakari Nuniya Tola, P.S-
                 Lauriya, District- West Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Umesh Kumar Gupta, Advocate
                 For the Opposite Party/s :       Mr. Ramesh Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-02-2026                  1. Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 274, 275 and

                   3(5) of the BNS, 2023 read with Section 30(a) of the Bihar Excise

                   Act.

                                3. Learned counsel for the petitioners submits that

                   petitioner nos. 1 and 2 have antecedent of two cases under the excise

                   act and petitioner no. 3 is a person with clean antecedent and

                   allegation is of recovery of 140 liters of liquor from a bag from a

                   place near a river.
Patna High Court CR. MISC. No.6430 of 2026(2) dt.04-02-2026
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                       4. Learned counsel for the petitioners submits that

          petitioners were not apprehended from the spot as such nothing was

          recovered from their conscious possession and even alleged recovery

          is from a place which does not belong to the petitioners and is

          accessible to villagers at large and they came to be implicated at the

          instance of Chowkidar, but then it is submitted that if Chowkidar was

          aware of the involvement of the petitioners in the occurrence then

          why he did not inform the police prior to institution of the instant

          FIR which casts an aspersion on the case of the prosecution. It is also

          submitted that once an accused is implicated in a case relating to

          excise, the police starts implicating mechanically either at the

          instance of Chowkidar, local person, confessional statement or secret

          information without holding a proper investigation.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the event

          of their arrest or surrender before the learned Trial Court within a

          period of six weeks from today, be released on Provisional

          anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees

          Ten Thousand) each with two sureties of the like amount each to the

          satisfaction of the learned Trial Court where the case is

          pending/successor court in connection with Lauriya P.S. Case No. 03

          of 2026 subject to the conditions as laid down under Section 482 (2)
            Patna High Court CR. MISC. No.6430 of 2026(2) dt.04-02-2026
                                                        3/3




                      of the BNSS.

                                   7. It is made clear that thereafter the learned Trial Court

                      shall verify the criminal antecedent of the petitioners and in the event

                      if it is found that petitioner nos. 1 and 2 have antecedent of more than

                      two cases and petitioner no. 3 has antecedent of even one case then it

                      would be presumed that petitioners, for the purposes of seeking

                      anticipatory bail, had concealed their antecedent before this Court, as

                      such, the provisional anticipatory bail order shall not be confirmed,

                      but after verification if it is found that petitioner nos. 1 and 2 have

                      antecedent of two cases only and petitioner no. 3 is a person with

                      clean antecedent in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.

                                   8. At this stage, the learned counsel for the petitioners,

                      based on instruction, undertakes to deposit an amount of Rs. 5000/-

                      with Laweyers’ Association, Patna High Court within a period of two

                      weeks from today.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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