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Patna High Court

Deepak KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner, directing a bond of Rs.10,000 with two sureties.

Summary

The petitioner, Deepak Kumar, was arrested as the driver of a toto from which 120 litres of illicit country-made liquor were seized, leading to charges under Section 30(a) of the Bihar Prohibition & Excise Act. He contended that he had no knowledge of the liquor, that nothing was recovered from his possession, and that the police seizure violated Section 105 of the BNSS. The State opposed bail, arguing the seriousness of the offence. After hearing both sides, the Court found merit in the petitioner's claim of lack of culpability and procedural lapses, and ordered that he be released on bail. Bail was granted on a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Special Judge, Excise‑I, Patna.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition & Excise Act considering the alleged procedural irregularities in seizure.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition & Excise Act
  • illicit liquor
  • seizure procedure
  • driver
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24838 of 2026
                          Arising Out of PS. Case No.-16 Year-2026 Thana- PIPRA District- Patna
                 ======================================================
                 Deepak Kumar S/O Late Dilip Maharaj R/O Village- Madhopur,P.O and P.S-
                 Didarganj,Distt- Patna (Bihar)

                                                                                     ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Roushan Kumar, Advocate
                 For the Opposite Party/s :        Mr. Md. Nazir Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   18-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Pipra P.S. Case No. 16 of 2026 registered for the offence

                   punishable under Section 30(a) of the Bihar Prohibition &

                   Excise Act.

                                3. The case of the prosecution, in short, is that from a

                   toto, altogether 120 liters of illicit country-made liquor was

                   recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits that the petitioner is only the driver of the

                   toto and he was ignorant about the said illicit liquor kept on the
           Patna High Court CR. MISC. No.24838 of 2026(2) dt.18-04-2026
                                                       2/2




                     toto. He further submits that nothing has been recovered from

                     the possession of the petitioner. The witnesses of the seizure list

                     are police personnel and the police has not complied with

                     Section 105 of the BNSS while making the seizure. Moreover, a

                     statement has been made in para 3 of the petition that petitioner

                     has no criminal antecedent and he is languishing in judicial

                     custody since 03.03.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail. The above named

                     petitioner is directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned Special

                     Judge, Excise-I, Patna in connection with Pipra P.S. Case No. 16

                     of 2026.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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