Patna High Court
Deepak Singh @ Deepak Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition and Excise Act — s. 30(a)
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
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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.
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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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