Patna High Court

RUPESH KUMAR @ TENIversusThe State of Bihar

Decided: 9 January 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

Bail was granted as the recovery was not from the petitioner's conscious possession and the charge‑sheet had already been filed.

Summary

The petitioner, Rupesh Kumar, was arrested in connection with an excise case alleging illegal manufacturing and trading of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, with 2728 litres of liquor recovered. He contended that his name was linked to the case solely on information from a police informant and that he was not in conscious physical possession of the liquor, arguing that the charge‑sheet had already been filed and there was no risk of evidence tampering. The Assistant Public Prosecutor opposed bail. The Court noted that the recovery was not made from the petitioner's conscious possession and that the charge‑sheet was already submitted, and therefore ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 given the circumstances of alleged non‑conscious possession and the filing of the charge‑sheet.
Whether the accused poses a risk of tampering with evidence or influencing the investigation.

Legislation cited

BNSS — s. 480(3)

Subjects

bail
excise law
illegal liquor
conscious possession
charge sheet
sureties
Section 30(a)
Section 480(3)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82385 of 2025
                      Arising Out of PS. Case No.-52 Year-2021 Thana- Excise P.S. District- Begusarai
                 ======================================================
                 RUPESH KUMAR @ TENI S/o LATE ABHINANDAN SINGH R/o vill -
                 Harpur, P.S.- Barauni, Distt.- Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Pushpendra Kumar Singh
                 For the Opposite Party/s :         Mr.Damodar Prasad Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   09-01-2026                    Heard the parties.

                                2. The petitioner seeks bail in connection with

                   Excise P.S. Case No. 52 of 2021 registered for the

                   offence under Sections 30(a) of the Bihar Prohibition and

                   Excise Act, 2018.

                                3. The petitioner is named in the F.I.R. and is in

                   custody since 31.10.2025.

                                4. The allegation against the petitioner is to be

                   engaged in illegal trading/manufacturing of illicit liquor,

                   where, there is recovery of 2728 litres of IMFL/country

                   made liquor from two different places.

                                5. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.82385 of 2025(2) dt.09-01-2026
                                            2/3




          petitioner submitted that the name of this petitioner

          transpired in this case on the basis of information given

          by police spy and as admittedly he was not apprehended

          on the spot, which is sufficient to suggest that the alleged

          recovery was not made from the conscious physical

          possession of the petitioner. While concluding the

          argument, it has been submitted that petitioner involved

          in 6 more criminal cases, where he is on bail and

          moreover, investigation has been completed, for which,

          charge-sheet has been submitted, as such, there is no

          chance of tampering with the evidence.

                       6. Learned APP, opposes the prayer of bail.

                       7. In view of aforesaid factual submission and by

          taking note of fact, as recovery of illicit liquor has not

          been made from the conscious physical possession of the

          petitioner, coupled with the fact that charge-sheet has

          been already submitted, accordingly petitioner above

          named, is directed to be released on bail in connection

          with Excise P.S. Case No. 52 of 2021 on furnishing bail
              Patna High Court CR. MISC. No.82385 of 2025(2) dt.09-01-2026
                                                          3/3




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

                        sureties of the like amount each to the satisfaction of

                        learned Exclusive Special Excise Judge-II, Begusarai

                        /concerned court, subject to the conditions as mentioned

                        under Section 480(3) of BNSS.



                                                                 (Chandra Shekhar Jha, J)
Sudha/-

U         T

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