Patna High Court
Deepak Kumar @ Bada BabuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000 and the conditions specified by the Court.
Summary
The petitioner, Deepak Kumar, was arrested on 20 January 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, alleging possession of 2100 litres of cane beer seized from a pick‑up van that did not belong to him. He contended that the FIR was fabricated, he had no possession of the liquor, and he was implicated solely on suspicion and his prior criminal record. The State opposed bail, highlighting ten previous convictions. The Court examined the lack of direct possession, the claim of false allegations, and the petitioner’s antecedents, and decided to grant 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 bail order was made subject to cancellation if conditions were breached.
Issues considered
- Whether bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 despite the petitioner’s prior criminal antecedents.
- Whether the seizure of liquor from a vehicle not owned by the petitioner negates the element of possession required for the offence.
- Whether the alleged fabrication of the FIR and lack of direct involvement justify the grant of bail.
Subjects
- bail
- prohibition law
- excise
- possession
- fabricated FIR
- prior convictions
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20999 of 2026
Arising Out of PS. Case No.-164 Year-2025 Thana- SILAO District- Nalanda
======================================================
Deepak Kumar @ Bada Babu Son of Jagdish Yadav @ Jagdish prasad R/o -
Bakra, P.S - Giriak, (Pawapuri OP), District - 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. Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 30-03-2026 Heard Mr. Amresh Kumar Sinha, learned counsel
for the petitioner and Mr. Shyam Bihari Singh, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
20.01.2026 in connection with Silao P.S. Case No. 164 of 2025,
F.I.R. dated 07.06.2025 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 2100 liters of cane beer.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case on the basis of secret information. He further
submits that the allegation as alleged in the F.I.R. is false and
fabricated and the petitioner has not committed any offences as
alleged in the F.I.R. It appears from the FIR itself that petitioner
Patna High Court CR. MISC. No.20999 of 2026(2) dt.30-03-2026
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was not apprehended at the place of occurrence and only on the
basis of suspicion and due to his previous criminal antecedents,
the petitioner has been made accused 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 a pick-up van. The seized vehicle does not belong to the
petitioner and the petitioner is in custody since 20.01.2026 after
remand from Bihar P.S. Case No.547 of 2025 in which
petitioner was in custody since 10.01.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that petitioner carries ten criminal
antecedents other than the present one.
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 Special
Judge, Excise, Biharsharif, Nalanda in connection with Silao
P.S. Case No. 164 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
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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/-
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