Patna High Court

Dipu Saw @ Deepak KumarversusThe State of Bihar

Decided: 13 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to the stipulated bond and sureties.

Summary

The petitioner, Dipu Saw, was implicated in an excise case (No. 964 of 2025) for alleged recovery of 330 litres of liquor from a car, under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, stating no criminal record, no possession of liquor, and that the car did not belong to him; his name was derived only from a co‑accused’s statement, which he argued lacks evidentiary value. The petitioner also highlighted non‑compliance with Section 103 of the B.N.S.S., 2023, while the co‑accused had already been granted regular bail. The State opposed the bail application. The Court, after considering the facts, granted anticipatory bail on the condition of a Rs.15,000 bond with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the excise case
Whether a prima facie case exists against the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act
Whether the requirements of Section 103 of the B.N.S.S., 2023 have been complied with
Whether the Court can exercise its inherent powers under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 to grant bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
B.N.S.S., 2023 — s. 103

Subjects

anticipatory bail
excise law
liquor seizure
Section 30
Section 103
Section 482
bail jurisprudence
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11835 of 2026
                      Arising Out of PS. Case No.-964 Year-2025 Thana- Excise P.S. District- Nawada
                 ======================================================
                 Dipu Saw @ Deepak Kumar Son of Krishna Saw @ Krishna Sav Resident of
                 Village- Gurpa, P.S.- Gurpa, District- Gayaji        ... ... 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.Tarkeshwar Nath Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner is apprehending arrest in Nawada

                   Excise P.S. case No. 964 of 2025 registered under Section 30(a)

                   of the Bihar Prohibition and Excise Act.

                               3. The prosecution allegation, in short, is that 330

                   liters liquor was recovered from Car.

                               4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. The petitioner has got no criminal antecedent. No

                   incriminating material has been recovered from the conscious

                   possession of the petitioner. It is further submitted that the name

                   of the petitioner has transpired on the basis of disclosure made

                   by apprehended co-accused which has no evidentiary value in

                   the eye of law. The car in question does not belong to the
           Patna High Court CR. MISC. No.11835 of 2026(2) dt.13-02-2026
                                                        2/2




                     petitioner. The petitioner has got no knowledge and concern

                     with the alleged recovery of liquor. Learned counsel, therefore,

                     submits that prima facie, no case is made out against the

                     petitioner. There is no compliance of Section 103 of B.N.S.S.,

                     2023. Co-accused has been granted regular bail by this Bench

                     vide Annexure-P/2 to this application.

                                 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,

                     let the petitioner, above named, in the event of arrest/surrender

                     before the learned court below within a period of six weeks

                     from today, be released on anticipatory bail on furnishing bail

                     bonds of Rs.15,000/- (fifteen thousand) with two sureties of the

                     like    amount       each     to    the    satisfaction   of   the   Court

                     below/concerned Court in connection with Nawada Excise P.S.

                     case No. 964 of 2025, subject to the conditions as laid down

                     under Section 482 (2) of Bharatiya Nagarik Suraksha Sanhita,

                     2023.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T

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