Patna High Court

Deepak KumarversusThe State of Bihar

Decided: 12 March 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions, under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Deepak Kumar, feared arrest in a case involving the recovery of 460.515 litres of liquor from a vacant land, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution’s case is based on the recovery of the liquor, while the petitioner claims he was falsely implicated solely on a co-accused’s confessional statement and has no knowledge of the incident. He also argued that the liquor was recovered from an open public place, he has no criminal antecedent, and there was no compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail. The Court, considering the circumstances, granted anticipatory bail subject to a bond of Rs. 15,000 and two sureties, under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances.
Whether there is a prima facie case against the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 have been complied with.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
Section 30(a)
Section 103
Section 482(2)
false implication
liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15946 of 2026
                     Arising Out of PS. Case No.-706 Year-2025 Thana- GARDANIBAG District- Patna
                 ======================================================
                 Deepak Kumar S/o Naresh Singh R/o Barahpur, P.S.- Mokamah, Dist.- Pana

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dhirendra Prasad Sinha, Advocate
                 For the Opposite Party/s :      Mr. Rana Randhir Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

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

                   APP for the State.

                               2. The petitioner apprehends his arrest in connection

                   with Special Case No. 2036 of 2025 arising out of Gardanibagh

                   P.S. Case No. 706 of 2025 instituted for the offences punishable

                   under Sections 30(a) of the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 460.515

                   litres of liquor was recovered from the vacant land.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. The

                   name of the petitioner transpired in this case on the basis of

                   confessional statement of the apprehended co-accused. Learned

                   counsel further submitted that petitioner has no knowledge and

                   concern with the alleged recovery. Learned counsel further
           Patna High Court CR. MISC. No.15946 of 2026(2) dt.12-03-2026
                                                       2/2




                     submitted that the alleged recovery has been made from an open

                     place which is accessible to public at large. Learned counsel,

                     therefore, submitted that prima-facie, no case is made out

                     against the petitioner. The petitioner has no criminal antecedent.

                     There is no compliance of Section 103 of the Bharatiya

                     Nagarika Suraksha Sanhita, 2023.

                                5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, let the petitioner, above named, in the event of

                     arrest/surrender before the lower court within a period of six

                     weeks from today, be released on anticipatory bail on furnishing

                     bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Special Case No.

                     2036 of 2025 arising out of Gardanibagh P.S. Case No. 706 of

                     2025, subject to the conditions as laid down under Section

                     482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

Continue reading with your account

Checking your session…