Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Deepak Kumar, was arrested in connection with the alleged recovery of 760 litres of spirit from a Bolero, charged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He had been in custody since 23 January 2026 and claimed he was not arrested at the spot, did not possess the vehicle, and was implicated based on secret information. The petitioner sought regular bail, while the State opposed the application. The Court considered the submissions, noting the lack of direct possession and the nature of the evidence, and ordered the petitioner to be released on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount. The bail was directed to be granted to the satisfaction of the trial court where the case is pending.
Issues considered
- Whether bail should be granted to the petitioner charged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 given the circumstances of the case.
Subjects
- bail
- prohibition law
- excise
- illegal liquor
- criminal procedure
- Section 30(a)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21274 of 2026
Arising Out of PS. Case No.-147 Year-2025 Thana- KASMA District- Aurangabad
======================================================
Deepak Kumar Son of Gopal Chaudhari Resident of Village - Apki, P.S.-
Kasma, District - Aurangabad (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aman Vishal, Advocate
For the Opposite Party/s : Mr. Narsingh Tanti, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-04-2026 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 one case and is in custody since
23.01.2026 and allegation is of recovery of 760 litres of spirit
from a Bolero.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner is not the owner of the seized vehicle and came to
be implicated based on the secret information which is the
easiest way to implicate someone without holding a proper
Patna High Court CR. MISC. No.21274 of 2026(2) dt.10-04-2026
2/2
investigation of the case.
5. Learned A.P.P. for the State opposes the prayer for
regular bail of the petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, the petitioner,
above-named, is directed to be released on bail on furnishing
bail bonds of Rs.5,000/- (Rupees Five Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Trial Court where the case is pending in connection with Kasma
P.S. Case No. 147 of 2025.
(Satyavrat Verma, J)
Kundan/-
U T
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