Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The court denied regular bail to the petitioner.
Summary
The petitioner, Deepak Kumar, was charged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly recovering 1,560 litres of spirit and 36 litres of liquor from a motorcycle. He has nine prior criminal cases, although he initially disclosed only one when seeking anticipatory bail, which was granted on 12‑08‑2025 subject to verification of his antecedents. Upon verification, the State highlighted the discrepancy and argued that the petitioner had not approached the court with clean hands and might abscond if regular bail were granted. The petitioner contended that the seized vehicle was not in his conscious possession and he was not the owner. The State opposed the regular bail, emphasizing the risk of absconding and the petitioner’s criminal history. The High Court, after considering the submissions, rejected the petition for regular bail, allowing the petitioner to re‑apply after charge‑framing.
Issues considered
- Whether regular bail should be granted to a petitioner who has multiple prior criminal cases and whose antecedent disclosure was inaccurate at the time of anticipatory bail.
- Whether the risk of absconding justifies denial of regular bail in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022.
Subjects
- bail
- anticipatory bail
- regular bail
- criminal antecedent
- prohibition act
- excise law
- liquor seizure
- abscondment risk
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20666 of 2026
Arising Out of PS. Case No.-295 Year-2025 Thana- BARUN District- Aurangabad
======================================================
Deepak Kumar Son of Indrajit Singh Resident of P.O.- Jhumar Dihara,
Sahaspur, Aurangabad, P.S.- Barun, District - Aurangabad, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanchay Srivastava, Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of nine cases and allegation is of
recovery of 1560 litres of spirit along with 36 litres of liquor
from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and is not the owner of
the seized vehicle.
5. Learned A.P.P. for the State vehemently opposes
the prayer for regular bail of the petitioner and submits that
Patna High Court CR. MISC. No.20666 of 2026(2) dt.18-04-2026
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petitioner had earlier moved before this Court seeking
anticipatory bail by filing Cr. Misc. No. 49814 of 2025 and the
same was allowed by an order dated 12.08.2025 with a
condition that after granting provisional anticipatory bail to the
petitioner, his criminal antecedent shall be verified. It is further
submitted that on verification, it transpired that petitioner had
antecedent of nine cases, when in Cr. Misc. No.49814 of 2025,
the petitioner, at para 3, had disclosed that he had antecedent of
one case only thereafter petitioner filed a modification
application being Cr. Misc. No. 72234 of 2025 which came to
be dismissed as withdrawn by an order dated 10.10.2025. It is,
thus, submitted that petitioner initially when he had approached
this Court seeking anticipatory bail, he had not approached the
Court with clean hands. It is next submitted that if the privilege
of regular bail is granted to the petitioner, the petitioner may
abscond.
6. Considering the submissions made by the learned
A.P.P. for the State, the Court is not inclined to release the
petitioner on bail who is in custody since 24.01.2026 in
connection with Barun P.S. Case No. 295 of 2025 pending in the
Court of learned District & Additional Sessions Judge-cum-
Exclusive Special Judge, Excise Court No. 1,
Patna High Court CR. MISC. No.20666 of 2026(2) dt.18-04-2026
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Aurangabad/Successor Court.
7. Hence, the prayer for bail is rejected.
8. However, the petitioner would be at liberty to
renew his prayer for bail after framing of charge.
(Satyavrat Verma, J)
Kundan/-
U T
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