Rupesh Kumar v. The State of Bihar
Anticipatory bail – Bihar Excise and Prohibition Act, sections 30(a)
Case brief
What is this about?
Patna High Court, Criminal Miscellaneous No.27458 of 2026, decided 13-05-2026, Justice Ajit Kumar (oral order). Anticipatory bail allowed to Rupesh Kumar in Nanpur P.S. Case No. 304 of 2025, sections 30(a) Bihar Excise and Prohibition Act, after recovery of 74.400 litres of illicit liquor from car BR01CS 7486. Grounds: recovery not from constructive possession of petitioner; vehicle allegedly sold to Pappu Yadav on 18.01.2025 with sale letter annexed (Anneuxre-P/2 / Annexure-P/2); no criminal antecedents. Bail bond Rs. 10,000/- with two sureties before Exclusive Special Excise Court-2, Sitamarhi; Section 482(2) BNSS conditions plus four additional conditions. Relevant for matters implicating a vehicle owner in excise cases where the vehicle was purportedly sold before recovery and recovery was not from the accused's constructive possession.
What did the court decide?
Anticipatory bail granted: petitioner to be released on bail in the event of arrest or surrender within six weeks of receipt of the order, on bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each, to the satisfaction of learned Exclusive Special Excise Court-2, Sitamarhi, subject to conditions under Section 482(2) BNSS and four additional conditions (family-member bailor with official bona fide document; appearance on each and every trial date, absence on two consecutive dates without plausible reason entailing cancellation of bail bond; no inducement/promise/threat to witnesses or tampering with evidence; desistance from committing criminal offences).