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Patna High Court

Deepak Kumar @ Bada BabuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
            Patna High Court CR. MISC. No.20999 of 2026(2) dt.30-03-2026
                                                        3/3




                       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/-

U      T


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