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Patna High Court

Deepak Yadav @ Deepak Kumar @ Bada BabuversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Deepak Yadav, was arrested in connection with a case under sections 30(a), 41 and 56 of the Bihar Prohibition and Excise Act after a confessional statement led to the seizure of 1,263.5 litres of illicit foreign liquor. The petitioner contended that he had no possession of the liquor and was only impleaded as an antecedent, having been in judicial custody since 10 January 2026. The State opposed the grant of regular bail, arguing the seriousness of the offence. After hearing both sides, the Court found that the petitioner’s claim of innocence and lack of direct involvement warranted bail. Accordingly, the Court ordered his release on a bail bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance at trial, and refraining from similar offences.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the nature of the offence under the Bihar Prohibition and Excise Act.
  • Whether the evidence and circumstances justify denial of bail.

Subjects

  • bail
  • regular bail
  • prohibition
  • excise
  • illicit liquor
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19923 of 2026
                        Arising Out of PS. Case No.-547 Year-2025 Thana- BIHAR 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

3   18-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 30(a), 41

                   and 56 of the Bihar Prohibition and Excise Act.

                                3. The case of the prosecution is that on the

                   confessional statement of one Ram Pravesh, recovery of total

                   1263.5 liters of illicit foreign liquor was made from two

                   different places.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that nothing has been

                   recovered from the possession of the petitioner. He has been

                   impleaded in this case only on the basis of his criminal
            Patna High Court CR. MISC. No.19923 of 2026(3) dt.18-04-2026
                                                        2/2




                      antecedent. Moreover, the petitioner is languishing in judicial

                      custody since 10.01.2026.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   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. The above named

                      petitioner is directed to be released on bail in connection with

                      Bihar P.S. Case No. 547 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned District and Additional

                      Sessions Judge-V-cum Special Judge, Excise-I, Biharsharif,

                      Nalanda with following conditions:-

                                   (i) The petitioner shall cooperate in trial and shall

                      remain physically present in the trial court on each and every fixed

                      date.

                                   (ii) The petitioner shall not indulge himself in similar

                      nature of offences in future.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


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