Patna High Court
Deepak Yadav @ Deepak Kumar @ Bada BabuversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
Bail is granted to the petitioner with specified conditions.
Summary
The petitioner, Deepak Yadav, sought bail in a case (PS Case No.384 of 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition of Excise Act after police seized 1,794.375 litres of foreign liquor from a saw‑mill premises. The prosecution’s case relied mainly on a confessional statement of co‑accused Dinesh Prasad Saxena, who alleged that the petitioner stored the liquor, while no liquor was found in the petitioner’s possession. The petitioner’s counsel argued that the confession of a co‑accused alone is insufficient evidence, that the petitioner had no possession of the liquor, and highlighted his prior criminal cases as a possible frame‑up. The State opposed bail, citing the seriousness of the offence. After hearing both sides, the court granted bail, imposing conditions of personal attendance at trial, weekly reporting to the police station, and a bail bond of Rs 10,000 with two sureties of equal amount.
Issues considered
- Whether bail can be granted to the accused under Section 30(a) of the Bihar Prohibition of Excise Act when the only evidence is a co‑accused’s confessional statement.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
- Whether the absence of direct possession of the seized liquor by the petitioner warrants bail.
Subjects
- bail
- excise law
- liquor seizure
- confessional statement
- co‑accused testimony
- Bihar Prohibition of Excise Act
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18705 of 2026
Arising Out of PS. Case No.-384 Year-2025 Thana- GRIYAK District- Nalanda
======================================================
Deepak Yadav @ Deepak Kumar @ Bada Babu Son of Jagdish Gop R/o vill.-
Bakra, P.S.- Giriak (Pawapuri), Distt.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Giriak (Pawapuri) P.S. Case No.384 of 2025 registered
for the offence punishable under Sections 30(a) of Bihar
Prohibition of Excise Act.
3. The case of the prosecution, in short, is that
police received an information that near that saw mill of
Dinesh Prasad Saxena @Anna, hudge amount of liquor is
stored. On this information, police recahed the place and have
recovered altogether 1794.375 liters of country made foreign
liquor.
4. Learned counsel appearing on behalf of the
petitioner has submitted that nothing has been recovered from
Patna High Court CR. MISC. No.18705 of 2026(2) dt.24-03-2026
2/3
the possession of this petitioner. The name of this petitioner
has surfaced in this case on the confessional statement of
Dinesh Prasad Singh @ Anna who has stated that this
petitioner has stored the alleged liquor in that store room.
Learned counsel for the petitioner has further submitted that
save and except the confessional statement of co-accused,
there is nothing against him and the petitioner is having no
possession over the store room. Learned counsel for the
petitioner has further submitted that the petitioner is having
criminal antecedent of ten cases, i.e. why he has been framed
in this case.
5. The application for bail is opposed by learned
APP for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court
is inclined to enlarge the petitioner on bail with the condition
that the petitioner shall co-operate in the trial and shall
remain physically present on each and every date in the trial
court and shall also mark his attendance weekly at Deep
Nagar P.S. The above named petitioner is directed to be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs.
ten thousand only) with two sureties of the like amount each
Patna High Court CR. MISC. No.18705 of 2026(2) dt.24-03-2026
3/3
to the satisfaction of the court of learned District & Additional
Session Judge-V-cum-Special Judge, (Excise), Biharsharif,
Nalanda in connection with Giriyak (Pawapuri) P.S. Case
No.384 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
Checking your session…