Patna High Court
Dipak Singh @ Deepak Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner subject to a bail bond and statutory conditions.
Summary
The petitioner, Dipak Singh, was implicated in a case under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged possession of 217.560 litres of illicit liquor, based primarily on a co-accused's confessional statement. The petitioner contended that no liquor was found in his possession, he had a clean antecedent, and his name appeared only due to the other accused's confession. The State opposed his bail, arguing the seriousness of the offence. The High Court, considering the lack of direct evidence against the petitioner and his clean record, granted anticipatory bail subject to a Rs.30,000 bond under Section 2(1)(d) of the B.N.S.S., 2023 and conditions under Section 482(2) of the same Act. The Court also directed the trial court to verify the petitioner’s criminal antecedents and to cancel the bail if any concealment is discovered.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the B.N.S.S., 2023 in view of the allegations under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the confessional statement of a co-accused is sufficient to justify denial of bail.
- Whether the conditions imposed under Section 2(1)(d) and Section 482(2) of the B.N.S.S., 2023 are appropriate.
Legislation cited
- B.N.S.S., 2023 — s. 2(1)(d), 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- confessional statement
- bail bond
- criminal antecedent
- Section 30(a)
- Section 2(1)(d)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26952 of 2026
Arising Out of PS. Case No.-620 Year-2025 Thana- SIWAN MUFFASIL District- Siwan
======================================================
Dipak Singh @ Deepak Kumar Singh S/O Balmiki Singh R/O Jasauli
Mansingh's Tola, P.S- Pachrukhi, Distirct- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sailesh Kumar, Advocate
For the Opposite Party/s : Mr. Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Siwan Muffasil P.S. Case No. 620 of 2025 lodged on
27.08.2025, for the offence punishable under section 30(a) of
the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, FIR has been lodged against
two named accused persons including the present petitioner.
Total recovery of 217.560 litres of illicit liquor has been made,
which is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that nothing has been recovered from the conscious
possession of the petitioner and his name has come in this case
due to confessional statement of the apprehended accused
person and the alleged recovery has been made from a vehicle.
Patna High Court CR. MISC. No.26952 of 2026(2) dt.22-04-2026
2/2
Counsel further submits that the petitioner has clean antecedent.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. In the present facts and circumstances of this case,
let the above named petitioner be released on anticipatory bail,
in the event of arrest or surrender before the Trial Court within a
period of 4 weeks from today, on furnishing bail bond of
Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section
2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Exclusive
Excise Court No.2, Siwan, in connection with Siwan Muffasil
P.S. Case No. 620 of 2025, subject to the conditions as laid
down U/s 482(2) of the B.N.S.S., 2023.
7. The Trial Court is directed to verify the criminal
antecedent(s) of the petitioner, and in case, it is found at any
stage that the petitioner has concealed the fact about his criminal
antecedent(s), the Trial Court shall take steps for cancellation of
bail bond of the petitioner. However, the acceptance of the bail
bonds in terms of the above-mentioned order shall not be
delayed for the purpose of or in the name of verification.
(Dr. Anshuman, J)
Divyansh/-
U T
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