Patna High Court

Deepu Thakur @ Dipanshu KumarversusThe State of Bihar

Decided: 25 March 2026
Disposal: BAIL REJECTED
Bench: ANSHUMAN

Holding

Anticipatory bail under Section 482 of the BNSS, 2023 was refused.

Summary

The petitioner, Deepu Thakur, filed an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail in a case involving alleged illegal possession of 54 litres of country‑made liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 and Sections 25(1‑b)A, 26 and 35 of the Arms Act. The prosecution alleged that the liquor was recovered and that the petitioner was involved, while the petitioner claimed innocence, arguing that the only incriminating material was a co‑accused’s disclosure statement which he contended lacks evidentiary value. The State opposed bail, highlighting the petitioner’s criminal antecedents. The Court considered the seriousness of the allegations and the petitioner’s past record and refused the anticipatory bail, directing that regular bail could be considered if the petitioner surrenders within four weeks. The order was pronounced by Justice Dr. Anshuman.

Issues considered

Whether anticipatory bail can be granted under Section 482 of the BNSS, 2023 in the present case.
Whether the co‑accused’s disclosure statement constitutes sufficient evidence to justify anticipatory bail.
Whether the petitioner’s criminal antecedents preclude the grant of anticipatory bail.

Legislation cited

Arms Act — s. 25(1-b)A, 26, 35
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482

Subjects

anticipatory bail
Section 482
BNSS 2023
Prohibition and Excise Act
Arms Act
criminal antecedents
co‑accused statement
bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15397 of 2026
                     Arising Out of PS. Case No.-326 Year-2025 Thana- GOPALPUR District- Gopalganj
                 ======================================================
                 Deepu Thakur @ Dipanshu Kumar S/O Vinod Thakur Resident of Village -
                 Barnaiya Raja Ram, P.S- Gopalganj, Distt- Gopalganj, State- Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Saurabh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Narendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   25-03-2026                  Heard learned Counsel for the petitioner and learned

                   APP for the State.

                                2. The present criminal miscellaneous application has

                   been filed under Section 482 of the Bharatiya Nagarik Suraksha

                   Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for

                   grant of anticipatory bail to the petitioner who apprehends arrest

                   in connection with Gopalpur P.S. Case No. 326 of 2025, lodged

                   on 07.12.2025, under Section 30(a) of the Bihar Prohibition and

                   Excise (Amendment) Act, 2022 and under Sections 25(1-

                   b)A/26/35 of the Arms Act, pending in the Court of District &

                   Additional Sessions Judge, IV-cum-Exclusive Special Judge,

                   Excise Court No.II, Gopalganj.

                                3. As per the prosecution, total recovery of 54 litres of

                   country-made liquor has been made which is the subject matter
         Patna High Court CR. MISC. No.15397 of 2026(2) dt.25-03-2026
                                                     2/2




                   of the present case.

                                4. Learned Counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Counsel

                   submits that the petitioner has been implicated in this case on

                   the basis of disclosure statement of co-accused Naitik Thakur,

                   which has no evidentiary value in the eye of law. Counsel

                   submits that antecedent of the petitioner is not clean and he is

                   ready to fulfill all the conditions whatsoever shall be imposed

                   upon him.

                                5. Learned APP for the State opposes the prayer for

                   bail of the petitioner and submits that antecedent of the

                   petitioner is not clean.

                                6. Considering the criminal antecedents as well as

                   allegation against the petitioner, the prayer for anticipatory bail

                   of the petitioner is refused. However, in the event of surrender

                   of the petitioner within four weeks from today, the prayer for

                   regular bail shall be considered without being prejudiced by the

                   order of this Court.



                                                                        (Dr. Anshuman, J)
    Mkr./-

U

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