Created by Fuzzy Cloud

Patna High Court

Deepak KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that bail should be granted as the petitioners were likely falsely implicated and the seizure did not comply with statutory procedural requirements.

Summary

The petitioners, Deepak Kumar and Santosh Kumar, drivers of a vehicle from which 259.200 liters of illicit foreign liquor was seized, applied for regular bail under the Bihar Prohibition and Excise Act. The prosecution alleged they were involved in the offence, while the petitioners claimed innocence, stating they had no knowledge of the contraband and that the seizure was not made in compliance with Section 105 of the Bihar Narcotic Substances (Suppression) Act. The State opposed bail. After hearing both sides, the Court found merit in the petitioners' claim of lack of knowledge and procedural lapses, and ordered that they be released on bail upon furnishing a bond of Rs.10,000 with two sureties each. The bail order was directed to be complied with by the Special Judge Excise, Saran. The decision reflects the Court's discretion to grant bail when the accused appear to be falsely implicated and procedural safeguards were not observed.

Issues considered

  • Whether the petitioners are entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the seizure complied with the procedural requirements of Section 105 of the Bihar Narcotic Substances (Suppression) Act.

Legislation cited

Subjects

  • bail
  • prohibition
  • excise
  • illicit liquor
  • Section 30
  • Section 105
  • procedural lapse
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28201 of 2026
                         Arising Out of PS. Case No.-25 Year-2026 Thana- MAKER District- Saran
                 ======================================================
           1.     Deepak Kumar, S/o Mahesh Rai, R/o Villlage - Belaiya(Belhiyan), P.S. -
                  Ahiyapur, Dist. - Muzaffarpur.
           2.    Santosh Kumar, S/o Ganaur Gosai @ Ganour Gosai, R/o Villlage -
                 Belaiya(Belhiyan), P.S. - Ahiyapur, Dist. - Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Nitu Kumari, Advocate
                 For the Opposite Party/s :       Mr.Kumar Ranjit Ranjan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   04-05-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners have prayed for regular bail in a

                   case registered for the offence punishable under Section 30 (a)

                   of the Bihar Prohibition and Excise Act.

                                3. The case of the prosecution is that from a vehicle,

                   259.200 liters of illicit foreign liquor was recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioners has submitted that petitioners are innocent and have

                   committed no offence. They have been falsely implicated in this

                   case. Petitioners are the driver and co-driver of the said vehicle. It

                   has further been submitted that nothing has been recovered from

                   their possession. They were unaware of the consignment. It has
             Patna High Court CR. MISC. No.28201 of 2026(2) dt.04-05-2026
                                                         2/2




                       further been submitted that the seizure list witnesses are police

                       personnel. Police has not complied Section 105 of the B.N.S.S.

                       while making the seizure. They are having no criminal antecedent

                       and they are languishing in judicial custody since 01.02.2026.

                                    5. Learned APP appearing for the State has vehemently

                       opposed the application for bail.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioners on bail. The above named

                       petitioners are directed to be enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) each with two

                       sureties of the like amount each to the satisfaction of the learned

                       3rd Exclusive Special Judge Excise, Saran at Chapra in connection

                       with Maker P.S. Case No. 25 of 2026.


                                                       (Ashok Kumar Pandey, J)

lata/-
U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.