Patna High Court
Rupesh Kumar @ BideshiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Rupesh Kumar, was arrested in connection with the alleged recovery of 703.125 litres of liquor from a washroom near Baba Badal Chaudhary Sthan, an offence under Section 30(a) of the Bihar Excise Act. He contended that he was not apprehended at the spot, had no conscious possession of the liquor, and that the location did not belong to him but was accessible to villagers. He had been in custody since 16 November 2025. The State opposed his bail application. The Court, after considering the submissions, ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount, pending trial in the Nawkothi Police Station case No. 172 of 2025.
Issues considered
- Whether bail should be granted to the accused in an offence punishable under Section 30(a) of the Bihar Excise Act given the circumstances of alleged liquor recovery and lack of conscious possession.
Subjects
- bail
- Bihar Excise Act
- Section 30(a)
- liquor seizure
- criminal procedure
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90693 of 2025
Arising Out of PS. Case No.-172 Year-2025 Thana- NOWKOTHI GARHPURA District-
Begusarai
======================================================
Rupesh Kumar @ Bideshiya Son of Radheshyam Singh Resident of Village -
Chhatauna, P.S.- Nawkothi, District - Begusarai (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nakul Kumar Jamuar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that
allegation is of recovery of 703.125 liters of liquor from a
washroom near Baba Badal Chaudhary Sthan.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
and is accessible to villagers at large and he came to be
Patna High Court CR. MISC. No.90693 of 2025(2) dt.30-01-2026
2/2
implicated at the instance of Chowkidar with whom he is on an
inimical term. It is also submitted that petitioner is in custody
since 16.11.2025.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of Rs.
10,000/- (Rupees Ten Thousand) 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 Nawkothi
P.S. Case No. 172 of 2025.
(Satyavrat Verma, J)
Rishabh/-
U T
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