Patna High Court
Deepak Kumar @ DeepuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted because the seizure was not from the petitioner's conscious possession and there was non‑compliance with Sections 103 and 105 of the BNSS.
Summary
The petitioner, Deepak Kumar, was arrested on 23 January 2026 in connection with a case involving the alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, 2018 for the possession of 180 litres of Mahua liquor. The liquor was seized from a pick‑up van, not from the petitioner's conscious possession, and the petitioner's counsel argued that the investigation failed to comply with Sections 103 and 105 of the BNSS, rendering the charge based merely on suspicion. The prosecution opposed bail, citing three prior criminal antecedents, but the court noted the lack of direct possession and procedural lapses. Consequently, the court granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, appearance, and verification of antecedents. The order also empowered the prosecution to seek cancellation of bail if evidence or witnesses are tampered with.
Issues considered
- What is the impact of the seizure not being from the petitioner's conscious possession on the grant of bail?
- Does non‑compliance with Sections 103 and 105 of the BNSS preclude continued detention?
- Do the petitioner's prior criminal antecedents justify denial of bail?
Legislation cited
- BNSS — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- seizure
- conscious possession
- criminal antecedent
- Section 103
- Section 105
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19352 of 2026
Arising Out of PS. Case No.-26 Year-2026 Thana- NARHATT District- Nawada
======================================================
Deepak Kumar @ Deepu S/o Phaudi Chauhan R/o Village- Gamhira, P.S.-
Meskaur, Distt- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Patel, Advocate
For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 31-03-2026 Heard Mr. Ranjeet Patel, learned counsel for the
petitioner and Mr. Gauri Shankar Gupta, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
23.01.2026 in connection with Narhat P.S. Case No. 26 of 2026,
F.I.R. dated 22.01.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 180 liters of Mahua liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
conscious possession of the petitioner rather the recovery has
been made from pick-up van and the petitioner has been made
Patna High Court CR. MISC. No.19352 of 2026(2) dt.31-03-2026
2/3
accused merely on the basis of suspicion. He further submits
that there is non-compliance of Section 103 and 105 of BNSS
and the petitioner is in custody since 23.01.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries three criminal antecedents other
than the present one but fairly submits on the basis of
paragraph-3 of the bail application that the petitioner is on bail
in the said matter.
6. Considering the aforesaid facts and circumstances,
nothing has been recovered from the conscious possession of
the petitioner and there is non-compliance of Section 103 and
105 of BNSS, 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 Excise Court-I, Nawada in
connection with Narhat P.S. Case No. 26 of 2026, 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
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.19352 of 2026(2) dt.31-03-2026
3/3
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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