Patna High Court

Rupesh KumarversusThe State of Bihar

Decided: 31 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner, finding that his clean antecedents and the circumstances of the alleged recovery warranted release on bond.

Summary

Rupesh Kumar was arrested in connection with a case alleging possession of 750 ml of liquor and a country‑made pistol, invoking Section 30(a) of the Bihar Prohibition and Excise Act and Sections 25(1‑b)a, 26, 35 and 27 of the Arms Act. The petitioner claimed innocence, arguing that the liquor was recovered from an open place and the arms from a co‑accused, and that no incriminating material was found on his person. He also highlighted his clean antecedents and the lack of compliance with Section 103 of the BNSS, 2023. The State opposed bail. Considering the petitioner’s clean record, short period of custody, and the circumstances of the alleged recovery, the Court granted bail on a bond of Rs 15,000 with two sureties of equal amount.

Issues considered

Whether bail should be granted to the petitioner despite allegations under the Bihar Prohibition and Excise Act and the Arms Act
Whether the lack of incriminating material on the petitioner and his clean antecedents justify bail
Whether non‑compliance with Section 103 of the BNSS, 2023 affects the bail application

Legislation cited

Arms Act — s. 25(1-b)a, 26, 27, 35
BNSS, 2023 — s. 103

Subjects

bail
prohibition act
arms act
criminal procedure
clean antecedents
section 103 BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87604 of 2025
                     Arising Out of PS. Case No.-96 Year-2025 Thana- SAHJAHANPUR District- Patna
                 ======================================================
                 Rupesh Kumar Son of Late Suresh prasad R/o Village -Top, P.S.
                 -Shahjahanpur, District - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Deepak Kumar, Advocate
                 For the Opposite Party/s :      Mr. Jagdhar Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   31-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Shahjahanpur PS Case No. 96 of 2025 instituted for the offences

                   under Section/s 30(a) of the Bihar Prohibition and Excise Act

                   and Sections 25(1-b)a, 26, 35 & 27 of the Arms Act.

                           3.       The prosecution case, in short, is that 750 mL

                   liquor was recovered from the possession of the petitioner. It is

                   also alleged that one country made pistol was recovered from

                   the possession of co-accused person.

                           4.       Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from
           Patna High Court CR. MISC. No.87604 of 2025(3) dt.31-01-2026
                                                       2/2




                     the conscious possession of the petitioner. The petitioner has got

                     no concern with the alleged recovery of liquor and arms. From

                     perusal of the FIR, it would manifest that recovery of arms is

                     made from the possession of other co-accused person. It is

                     submitted that recovery of liquor is from an open place, which is

                     accessible to one and all. The petitioner is in custody since

                     25.10.2025 and has got no criminal antecedent/s. There is no

                     compliance of Section 103 of the BNSS, 2023.

                             5.      Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner.

                             6.      Considering the aforesaid facts and circumstances

                     of the case, clean antecedent of the petitioner and the period of

                     custody undergone by the petitioner, this Court is inclined to

                     grant bail to the petitioner.

                             7.      Let the petitioner be released on bail on furnishing

                     bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Shahjahanpur PS

                     Case No. 96 of 2025.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-
U      T

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