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Patna High Court

Deepak Kumar @ Deepak Kumar Sahni @ Deepak ShahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted as the evidence was deemed insufficient to justify continued detention.

Summary

The petitioner, Deepak Kumar, was charged under Section 30(a) of the Excise Act for the alleged recovery of 80 litres of liquor from Bajraha Tola. He has three prior cases, two of which are also under the Excise Act, and has been in custody since 27 January 2026. The petitioner argued that he was not arrested at the scene and that no liquor was found in his possession, with the case relying on a confessional statement made by another accused in police custody, which he claimed lacks evidentiary value. The State opposed the bail application, citing the seriousness of the offence. The Court considered the weak evidentiary basis, the petitioner’s willingness to cooperate, and the low risk of absconding, and therefore ordered his release on bail upon furnishing a bail bond of Rs.5,000 with two sureties of the same amount. The bail application was allowed.

Issues considered

  • Whether bail should be granted to the petitioner charged under Section 30(a) of the Excise Act given the nature of the offence and the evidentiary material.

Legislation cited

Subjects

  • bail
  • Excise Act
  • Section 30(a)
  • confessional statement
  • liquor seizure
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16274 of 2026
                     Arising Out of PS. Case No.-87 Year-2025 Thana- MANJHAUL District- Begusarai
                 ======================================================
                 Deepak Kumar @ Deepak Kumar Sahni @ Deepak Shahani S/o- Suro Sahni
                 @ Suresh Shahani R/v- Manjhaul W.No-14, Bichkhanna Tola P.S- Manjhaul
                 Dist- Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Nakul Kumar Jamuar
                 For the Opposite Party/s :       Mr.Rajendra Prasad Nat
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-04-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of three cases out of which two

                   cases are under the Excise Act and allegation is of recovery of

                   80 litres of liquor from Bajraha tola.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and he came to be

                   implicated based on confessional statement of apprehended

                   accused in police custody, which does not have any evidentiary
               Patna High Court CR. MISC. No.16274 of 2026(2) dt.17-04-2026
                                                           2/2




                         value. It is also submitted that petitioner is in custody since

                         27.01.2026. It is also submitted that petitioner will not abscond

                         rather will cooperate in the trial to prove his innocence.

                                      5. Learned A.P.P. opposes the bail application.

                                      6. Considering the fact , the petitioner, above-named,

                         is directed to be released on bail on his furnishing bail-bonds in

                         the sum of Rs.5,000/- (Rupees Five Thousand) with two sureties

                         of the like amount each to the satisfaction of learned Court

                         below where the case is pending/successor Court in connection

                         with Manjhaul P. S. Case No.87 of 2025.

                                      7. The application stands allowed.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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