Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- BNSS — s. 105
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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