Patna High Court

Deepak KumarversusThe State of Bihar

Decided: 12 March 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The Court conditionally granted anticipatory bail, subject to surrender within six weeks and compliance with the stipulated bail bond and surety requirements.

Summary

The petitioner, Deepak Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition & Excise Act for the alleged recovery of 25 litres of illicit liquor from behind the house of Kushila Devi. The prosecution’s case is based solely on a watchman’s statement linking the petitioner to the spot, while the petitioner contends he was not present and the liquor does not belong to him. He also disclosed a prior criminal case for which he is out on bail and expressed willingness to cooperate with the investigation. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, ordered that the petitioner may be released on bail provided he surrenders within six weeks, furnishes a bail bond of Rs 10,000 with two sureties of equal amount, and complies with the conditions of Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. The order thus conditionally grants anticipatory bail pending surrender.

Issues considered

Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 in a case instituted under Section 30(a) of the Bihar Prohibition & Excise Act.

Legislation cited

Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)

Subjects

anticipatory bail
illicit liquor
Bihar Prohibition & Excise Act
Section 30
Section 482
Bharatiya Nagrik Suraksha Sanhita
bail conditions
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14925 of 2026
                       Arising Out of PS. Case No.-5 Year-2026 Thana- DARIYAPUR District- Saran
                 ======================================================
                 Deepak Kumar son of Yugeshwar Mahto R/o - Saidpur, P.S - Dariyapur,
                 District - Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr. Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   12-03-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Dariyapur P.S. Case No. 05 of 2026, instituted under

                   Section 30(a) of the Bihar Prohibition & Excise Act.

                                3. As per the prosecution case, there is recovery of 25

                   litres of illicit liquor from behind the house of Kushila Devi,

                   kept in the bush. Petitioner is alleged to have fled away from the

                   spot.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in this

                   case. Petitioner was neither present on the spot nor the seized

                   liquor belongs to him. Only on the basis of disclosure statement

                   of Chaukidar, name of the petitioner has been surfaced in this
              Patna High Court CR. MISC. No.14925 of 2026(2) dt.12-03-2026
                                                          2/2




                        case. Petitioner has one criminal antecedent in which he is on

                        bail. Petitioner undertakes to co-operate in the investigation and

                        trial.

                                     5. Learned A.P.P. for the State opposes the prayer for

                        anticipatory bail.

                                     6. Considering the facts and circumstances of the

                        case, submission of learned counsel for the parties and petitioner

                        was not present on the spot, in the event of arrest or surrender

                        before the Court below within six weeks from today, the

                        petitioner be released on bail upon furnishing bail bonds of Rs.

                        10,000/- (ten thousand) with two sureties of the like amount

                        each to the satisfaction of learned Additional Sessions Judge-

                        cum-Exclusive Special Court Excise Act-I, Saran at Chapra in

                        connection with Dariyapur P.S. Case No. 05 of 2026, subject to

                        the conditions laid down in Section 482 (2) of the Bharatiya

                        Nagrik Suraksha Sanhita (B.N.S.S.), 2023.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T

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