Patna High Court
Deepak Kumar SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedent.
Summary
The petitioner, Deepak Kumar Sah, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for the alleged recovery of 60 litres of liquor from an e‑rickshaw he owned. He argued that he was not present at the spot of seizure, had no conscious possession of the liquor, and had a clean criminal record, contending that the vehicle’s owner should not be automatically deemed guilty for the actions of another. The State opposed his application for anticipatory bail. The Court considered the submissions and, applying Section 438(2) of the Criminal Procedure Code and Section 482(2) of the BNSS, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and a six‑week window for surrender. The order also directed the trial court to verify the petitioner’s antecedent, confirming the bail if he remains clean, or revoking it if any prior case is discovered. The decision balances the presumption of innocence with procedural safeguards pending trial.
Issues considered
- What is the applicability of anticipatory bail under Section 438 Cr.P.C. to the petitioner accused under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018?
- Whether ownership of the vehicle used in the alleged offence suffices to justify denial of anticipatory bail.
- Whether the petitioner’s clean antecedent warrants provisional anticipatory bail pending verification.
Legislation cited
- Bihar Narcotic and Smuggling (BNSS) Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a) Bihar Prohibition and Excise Act
- clean antecedent
- vehicle ownership
- excise offence
- Cr.P.C. 438
- BNSS 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1430 of 2026
Arising Out of PS. Case No.-174 Year-2025 Thana- EXCISE UDAKISHUNGANJ District-
Madhepura
======================================================
Deepak Kumar Sah Son of Dinesh Sah Resident of village- Bihariganj Ward
No 07, PS- Bihariganj District -Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Barun Kumar Singh, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 60 litres of liquor from an E-rickshaw.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner came to be implicated based on that fact that he is
owner of the seized vehicle. It is next submitted that no prudent
person would use his own vehicle for committing an occurrence
Patna High Court CR. MISC. No.1430 of 2026(2) dt.21-01-2026
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and thus would create evidence against himself and hence
would get implicated. It is also submitted that petitioner was
completely unaware that Aditya Kumar would misuse the
vehicle in the manner as alleged who was also apprehended
from the spot.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, let the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.500/- (Rupees Five Hundred) 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
Udakishunganj Excise P.S. Case No. 174 of 2025, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C./482(2) of the BNSS.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of even one case, it
would be presumed that petitioner had concealed his antecedent
Patna High Court CR. MISC. No.1430 of 2026(2) dt.21-01-2026
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before this Court at para 3 of the anticipatory bail application in
that event the provisional anticipatory bail order shall not be
confirmed but if it is found on verification that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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