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Patna High Court

Deepak KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to specified conditions.

Summary

The petitioner, Deepak Kumar, was arrested on 1 March 2026 in connection with a case involving the alleged recovery of 300 litres of country‑made liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that the seizure was made from a diara area and not from his conscious possession, arguing that the police had acted on mere suspicion and had not complied with Sections 103 and 105 of the BNSS. The Additional Public Prosecutor opposed bail, while the petitioner’s counsel sought release on the ground of innocence and procedural lapses. The Court examined the material on record, noting the lack of direct possession and the procedural deficiencies raised. It granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The order directed that the bail bond not be delayed for verification purposes.

Issues considered

  • Whether bail should be granted to the petitioner despite the charge under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the seizure and charge‑sheet preparation complied with Sections 103 and 105 of the BNSS.
  • Whether the petitioner poses a risk of tampering with evidence or fleeing.

Legislation cited

  • BNSS — s. 103, 105

Subjects

  • bail
  • prohibition law
  • excise
  • illegal liquor
  • police procedure
  • Section 103
  • Section 105
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25459 of 2026
                       Arising Out of PS. Case No.-127 Year-2026 Thana- RIVILGANJ District- Saran
                 ======================================================
                 Deepak Kumar Son of Nand Kishore Prasad Resident of Village- Salempur,
                 P.S.- Chapra Town, District-Saran


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Piyush Parasar, Advocate
                 For the Opposite Party/s :        Mr. Awadhesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   16-04-2026                    Heard Mr. Piyush Parasar, learned counsel for the

                   petitioner and Mr. Awadhesh Kumar Singh, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   01.03.2026 in connection with Rivilganj P.S. Case No.

                   127/2026, F.I.R. dated 28.02.2026 for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                               3. Recovery is of 300 liters of country made liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent 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 recovered from the

                   conscious possession of the petitioner rather the recovery has
Patna High Court CR. MISC. No.25459 of 2026(2) dt.16-04-2026
                                            2/3




          been made from diara area and the petitioner has been made

          accused merely on the basis suspicion. The seizure list witnesses

          are police personnel and there is non-compliance of Sections

          103 and 105 of the BNSS. He further submits that the police

          after investigation submitted the charge sheet against the

          petitioner. The petitioner is in custody since 01.03.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          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 Exclusive

          Special Excise Judge-2, Saran at Chapra in connection with

          Rivilganj P.S. Case No. 127/2026, 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.

                        ii. If the petitioner tampers with the evidence or the

           witnesses, in that case, the prosecution will be at liberty to
             Patna High Court CR. MISC. No.25459 of 2026(2) dt.16-04-2026
                                                         3/3




                        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)
atul/-

U        T


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