Patna High Court
Deepanshu Kumar @ Divyanshu Kumar @ Divyanshu Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specified conditions.
Summary
The petitioner, Deepanshu Kumar Paswan, was arrested on 28 January 2026 in connection with the recovery of 129 litres of illicit liquor under Sections 274, 275 and 3(5) of the Bharatiya Nyay Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, 2018. He claimed innocence, stating that the only material linking him to the offence was a disclosure by a local chowkidar and no further evidence was found during investigation. The prosecution opposed bail, highlighting three prior criminal antecedents, two of which were already on bail and one pending trial. The High Court, after considering the circumstances, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The order directed that bail not be delayed for verification purposes and stipulated cancellation of bail upon breach of conditions.
Issues considered
- What is the appropriateness of granting bail to the petitioner given the nature of the offence and his criminal antecedents?
- Whether the disclosure by a local chowkidar constitutes sufficient material to justify continued detention?
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 274, 275, 3(5)
Subjects
- bail
- illicit liquor
- excise law
- criminal antecedent
- Bharatiya Nyay Sanhita
- Bihar Prohibition and Excise Act
- High Court
- Section 274
- Section 275
- Section 3(5)
- Section 30(a)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18408 of 2026
Arising Out of PS. Case No.-203 Year-2025 Thana- KHAJAULI District- Madhubani
======================================================
Deepanshu Kumar @ Divyanshu Kumar @ Divyanshu Kumar Paswan Son of
Jitendra Kumar Paswan @ Jitendra Paswan Resident of Village- Suki (Sukki),
P.S.- Khajauli, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 24-03-2026 Heard Mr. Ravi Prakash, learned counsel for the
petitioner and Mr. Rajesh Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
28.01.2026 in connection with Khajauli P.S. Case No. 203 of
2025, F.I.R. dated 29.09.2025 for the offences punishable under
Section 274, 275, 3(5) of the Bharatiya Nyay Sanhita, 2023 and
30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 129 liters of iilicit liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. Altogether 36 liters of Nepali liquor has been
recovered from a motorcycle bearing Reg. No.
Patna High Court CR. MISC. No.18408 of 2026(2) dt.24-03-2026
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2B64BY2MPL04004 and 84 liters of Kingfisher strong bear and
9 liters of Gourav Sofi Nepali recovered from another
motorcycle bearing Reg. No. MBLIA06AMGG138616 and the
petitioner has been made accused in this case on the basis of
disclosure made by local chowkidar and except the disclosure
made by local chowkidar, no other cogent material has come
during investigation which suggest the involvement of the
petitioner in the present occurrence and the petitioner is in
custody since 28.01.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries three criminal antecedents in
which he is on bail in two cases and one case is pending for
consideration before competent court of law.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Judge Excise, Madhubani in connection with Khajauli
P.S. Case No. 203 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
Patna High Court CR. MISC. No.18408 of 2026(2) dt.24-03-2026
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and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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