Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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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