Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
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