Patna High Court
Dipak Kumar @ Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Dipak Kumar was arrested on 2 February 2026 in connection with an excise case involving the seizure of 360 litres of illegal foreign liquor, alleged to be offences under Sections 30(a) and 32(iii) of the Bihar Prohibition and Excise Act, 2018. The petitioner claimed he had a clean antecedent, was neither the owner nor driver of the vehicle from which the liquor was recovered, and argued that Sections 103 and 105 of the BNSS were not complied with. The Additional Public Prosecutor opposed bail. The High Court, noting the petitioner’s clean record and the alleged procedural lapses, granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The order also directed the lower court to verify the petitioner’s criminal antecedent but not to delay the acceptance of bail.
Issues considered
- Whether bail should be granted to the petitioner in view of the alleged offences under the Bihar Prohibition and Excise Act, 2018.
- Whether the alleged non‑compliance of Sections 103 and 105 of the BNSS affects the grant of bail.
- Whether the petitioner was in actual possession of the seized illegal liquor.
Legislation cited
- BNSS — s. 103, 105
Subjects
- bail
- excise
- illegal liquor
- possession
- clean antecedent
- Section 103
- Section 105
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21336 of 2026
Arising Out of PS. Case No.-28 Year-2026 Thana- Excise P.S. District- Madhepura
======================================================
Dipak Kumar @ Deepak Kumar S/o Rajendar Yadav @ Rajendra Yadav
Resident of Village- Raghunathpur Ward No. 08, P.S.- Murliganj, District-
Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amarnath Jha, Advocate
For the Opposite Party/s : Mr. Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 01-04-2026 Heard Mr. Amarnath Jha, learned counsel for the
petitioner and Mr. Vinod Shanker Modi, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
02.02.2026 in connection with Madhepura Excise P.S. Case No.
28 of 2026, F.I.R. dated 02.02.2026 for the offences punishable
under Section 30(a), 32(iii) of the Bihar Prohibition and Excise
Act, 2018.
3. Recovery is of 360 liters of illegal foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
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recovered from the conscious possession of the petitioner rather
the recovery has been made from pick-up van in question and
petitioner is neither the owner or driver of the vehicle in
question. He further submits that there is non-compliance of
Section 103 and 105 of BNSS and the petitioner is in custody
since 02.02.2026.
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and there is non-compliance of
Section 103 and 105 of BNSS, 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 Additional Sessions Judge-VII-cum-
Special Judge Excise-II, Madhepura in connection with
Madhepura Excise P.S. Case No. 28 of 2026, 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
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.
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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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