Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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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
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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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