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Patna High Court

Deepak KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to regular bail and ordered his release on bail.

Summary

The petitioner, Deepak Kumar, was arrested on 31 January 2026 in connection with the seizure of 835 litres of illegal spirit liquor from a vehicle, alleged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The prosecution’s case relied on a confessional statement of a co‑accused, Uttam Kumar, which named the petitioner. The petitioner applied for regular bail, arguing that a co‑accused had already been granted bail in a similar case. The State opposed the bail application. After considering the facts, the court allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to appear at the police station every Sunday, failing which the bail would be cancelled.

Issues considered

  • Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 despite the confessional statement of a co‑accused.

Subjects

  • regular bail
  • illegal liquor
  • Bihar Prohibition and Excise Act
  • confessional statement
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18241 of 2026
                  Arising Out of PS. Case No.-143 Year-2024 Thana- BAIKUNTHPUR District- Gopalganj
                 ======================================================
                 Deepak Kumar Son of Hira Lal Prasad Resident of Village - Bithuna, P.S. -
                 Basantpur, District - Siwan.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bijay Prakash Singh, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   30-03-2026                    Heard the learned counsel for the petitioner and the

                   learned counsel for the State.

                                2. The petitioner seeks regular bail in connection with

                   Baikunthpur P.S. Case No. 143 of 2024 registered for the

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

                   (Amendment) Act, 2022.

                                3. The recovery is of 835 litres of illegal spirit liquor

                   from the back seat of the Bolero vehicle bearing Reg. No.

                   BR29M8375.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is in custody since 31.01.2026. The name of the

                   petitioner transpires in the confessional statement of co-accused

                   Uttam Kumar who has already been granted regular bail vide

                   order dated 23.07.2024 passed in Cr. Misc. No. 49762 of 2024.
            Patna High Court CR. MISC. No.18241 of 2026(2) dt.30-03-2026
                                                        2/2




                                   5. Learned APP appearing for the State opposes the

                      prayer of the petitioner for grant of bail.

                                   6. Considering the facts and circumstances of the case

                      as well as the submissions of learned counsel for the petitioner,

                      this application is allowed.

                                   7. Let the petitioner, above named, be released on bail

                      upon furnishing bail bonds of Rs.10,000/- (Rupees Ten

                      Thousand Only) with two sureties of the like amount each to the

                      satisfaction of learned District and Additional Sessions Judge

                      XIII- cum- Special Judge, Excise-I, Gopalganj/ concerned Court

                      below, in connection with Baikunthpur P.S. Case No. 143 of

                      2024.

                                   8. As a condition of this order, the petitioner after

                      being released on bail, is directed to mark his attendance at

                      Baikunthpur Police Station, District- Gopalganj on every

                      Sunday of the month. Any default in appearance at the Police

                      Station will result in cancellation of bail bonds of the petitioner.



                                                 (Sandeep Kumar, J)
khushbu/-

U      T


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