Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioners subject to a bond of Rs 10,000 each and the conditions stipulated by the Court.
Summary
The petitioners, Deepak Kumar and Dhaturi Sah, were arrested on 22 February 2026 in connection with an industrial police‑station case involving the alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, 2022 (Amended), for the recovery of 300 litres of locally made liquor from behind their house. The petitioners argued that the FIR was based merely on suspicion and that no liquor was found in their possession, contending there was no material linking them to the offence. The State opposed bail, noting that petitioner 1 had another similar case pending (though on bail) while petitioner 2 had a clean record. The Court, after considering the submissions, ordered that both petitioners be released on bail upon furnishing a bond of Rs 10,000 each with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence or witnesses, and verification of criminal antecedents. The bail order was directed to be implemented by the Exclusive Special Excise Judge‑01, Bhagalpur Camp at Naugachia or the successor court.
Issues considered
- Whether bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the only basis of accusation is suspicion and the seized liquor was not in the petitioners' possession.
- Whether the existence of another similar case against petitioner 1, albeit on bail, precludes granting bail in the present matter.
- Whether the Court may impose conditions such as cooperation, appearance, and verification of antecedents as part of bail.
Subjects
- bail
- suspicion
- Bihar Prohibition and Excise Act
- liquor seizure
- criminal antecedent
- conditions of bail
- industrial police station case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22893 of 2026
Arising Out of PS. Case No.-37 Year-2026 Thana- INDUSTRIAL District- Bhagalpur
======================================================
1. Deepak Kumar Son of Dhaturi Sah
2. Dhaturi Sah Son of Rajendra Sah
Both Resident of Village- Ranitalab, P.S.- Industrial, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Diwakar Upadhyaya, Advocate
For the Opposite Party/s : Ms.Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-04-2026 Heard Mr.Diwakar Upadhyaya, learned counsel for
the petitioners and Ms.Gulnar Begum, learned A.P.P. for the
State.
2. The petitioners seek bail, who are in custody since
22.02.2026 in connection with Industrial P.S. Case No. 37 of
2026, F.I.R. dated 22.02.2026 registered for the offence
punishable under Section 30(a) of Bihar Prohibition and Excise
Act, 2022 (Amended).
3. Recovery is of 300 liters of local made liquor.
4. Learned counsel appearing for the petitioners
submits that from a bare perusal of the FIR it appears that the
petitioners have been made accused in the present case merely
on the basis of suspicion, nothing has been recovered from
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conscious possession or the house of the petitioners rather the
recovery has been made from behind the house of the petitioners
and except the suspicion, no other cogent material has come
during investigation against the petitioners to suggest the
involvement of the petitioners in the present occurrence and the
petitioners are in custody since 22.02.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioners and submits that the petitioner No.1
carries one more case of similar nature other than the present
one but he fairly submits that he is on bail the said case and
petitioner No.2 has clean antecedent, as mentioned in para-3 of
the bail petition.
6. Considering the aforesaid facts, let the petitioners,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand)each with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Excise Judge-01, Bhagalpur Camp at Naugachia or Successor
Court in connection with Industrial P.S. Case No. 37 of 2026,
with the following conditions:-
(I) Petitioners 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
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on theri absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
(II) If the petitioners tamper 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 petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. 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)
Nitesh/-
U T
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