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Patna High Court

Deepak Singh @ Deepak Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond, sureties, a charitable donation, and attendance conditions.

Summary

The petitioner, Deepak Singh, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 554.76 litres of foreign illicit liquor recovered from an under‑construction house. The only evidence cited was the statement of a local chaukidar, and the petitioner claimed innocence and a clean antecedent. He offered to donate Rs.25,000 to a charitable institution and sought bail. The High Court, after considering the submissions, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, deposit the charitable amount, and attend the police station on specified Sundays. The order was limited to the bail application and did not prejudice the merits of the trial.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the statement of a local chaukidar alone justifies denial of bail.
  • Whether the court may impose conditions such as a charitable donation and regular police‑station attendance as part of bail.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • criminal procedure
  • surety
  • charitable donation
  • clean antecedent

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.27950 of 2026
                      Arising Out of PS. Case No.-23 Year-2021 Thana- KOILWAR District- Bhojpur
                 ======================================================
                 Deepak Singh @ Deepak Kumar Singh S/o Devendra Singh R/o vill -
                 Mohakampur, P.S- Koilwar, Distt.- Bhojpur
                                                                    ... ... Petitioner
                                                   Versus
                 The State of Bihar
                                                             ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr. Manoj Kumar, Advocate
                 For the Opposite Party :        Mr. Rajendra Prasad Nat, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   07-05-2026                    Heard learned counsel for the petitioner and

                   learned APP for the State.

                                  2.        The petitioner seeks bail in connection with

                   Koilwar P.S. Case No.23 of 2021 registered for the offence

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

                                  3.        It is alleged that from an under-construction

                   house, about 554.76 liters of foreign illicit liquor has been

                   recovered. The name of the petitioner has come on the statement

                   of local Chaukidar.

                                  4.        Learned counsel for the petitioner submits

                   that the petitioner is innocent and has falsely been implicated in

                   this case. He further submits that the petitioner is in custody

                   since 23.03.2026 having clean antecedent.

                                  5.        Learned counsel for the petitioner further

                   submits that nothing has been recovered from the possession of
Patna High Court CR. MISC. No.27950 of 2026(2) dt.07-05-2026
                                            2/3




          the petitioner and only on the basis of the statement of local

          Chaukidar he has been made accused in this case.

                           6.     Lastly, learned counsel for the petitioner

          submits that the petitioner is ready to donate Rs.25,000/- in

          some charitable organization without accepting his guilt.

                          7.      Learned APP for the State has opposed the

          prayer of the petitioner for grant of bail.

                          8.      Considering the facts and circumstances of

          the case and also the submissions of learned counsel for the

          petitioner, this bail application is allowed.

                          9.      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 Court-II, Bhojpur at Ara /

          concerned Court below, in connection with Koilwar P.S. Case

          No.23 of 2021.

                          10.     This is also subject to the condition that the

          petitioner     shall    deposit      an    amount    of   Rs.25,000/-   in

          Ramakrishna Math, Village Jharha (near Matua Pahar), P.O.

          Gurua, District- Gayaji, Bihar 824205 and produce the receipt of

          the same before the Court below at the time of furnishing bail

          bonds. The bail bonds of the petitioner shall be accepted after

          verifying the genuineness of the receipt produced by him.
              Patna High Court CR. MISC. No.27950 of 2026(2) dt.07-05-2026
                                                          3/3




                                        11.     As a condition of this order, the petitioner,

                        after being released on bail, is directed to mark his attendance at

                        Koilwar Police Station, District - Bhojpur on first and third

                        Sunday of each month. Any default in appearance at the police

                        station will result in cancellation of bail bonds of the petitioner.

                                        12.     As the petitioner claims to have clean

                        antecedent, the Court below, before accepting the bail bonds of

                        the petitioner is directed to verify the antecedent of the

                        petitioner. The bail bonds of the petitioner shall only be

                        accepted by the Court below if it is found that he has clean

                        antecedent.

                                        13.     It is, however, clarified that the observations

                        made herein are limited to the adjudication of the present bail

                        application and shall not prejudice the case of the petitioner at

                        any subsequent stage of the trial and this Court has not

                        expressed any opinion on the merits of the case.



                                                                   (Sandeep Kumar, J)

pawan/-

U         T


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