Patna High Court
Deepak Singh @ Deepak Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, since the illicit liquor was not recovered from the petitioner's physical possession and he has a clean antecedent, anticipatory bail should be granted.
Summary
The petitioner, Deepak Singh, was named in an FIR for alleged illegal manufacture and trade of illicit liquor, with 501.12 litres recovered under the Bihar Prohibition and Excise Amendment Act, 2016. He contended that he neither owned the vehicle used to transport the liquor nor had any physical possession of the contraband, and he has a clean antecedent. The Additional Public Prosecutor opposed his anticipatory bail. The court examined the factual submissions and noted that the recovery did not appear to be from the petitioner's possession. Consequently, the court directed that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the petitioner had actual possession of the illicit liquor recovered.
- Whether the petitioner's clean antecedent warrants bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2016 — s. 30(a), 30(b), 30(c), 38, 41(a), 41(b)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition and Excise Amendment Act
- possession
- clean antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28708 of 2026
Arising Out of PS. Case No.-267 Year-2018 Thana- KUCHAIKOTE District- Gopalganj
======================================================
Deepak Singh @ Deepak Kumar Singh S/o Umesh Singh Resident of Village
- Sunderpatti, P.S - Gopalganj Nagar, District - Gopalganj, Pin - 841428
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr.Dilip Kumar, Advocate
For the Opposite Party : Mr.Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 29-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Kuchaikote P.S.
Case No.267 of 2018 registered under Sections 30(a)(b)(c),
38 and 41(a) (b) of Bihar Prohibition and Excise Amendment
Act, 2016.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 501.12 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the name of this petitioner arrayed solely
Patna High Court CR. MISC. No.28708 of 2026(2) dt.29-06-2026
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on the disclosure made by one of the co-accused driver,
namely, Pradeep Yadav of the said vehicle which was
involved in carrying consignment of liquor bearing
Registration No. BR-29PA 0489. It is also submitted that the
petitioner is neither the owner of the said vehicle nor the
petitioner is connected in any manner with the alleged
recovered liquor from the Scorpio cars. It is also submitted
that recovery of illicit liquor was not made from conscious
possession of this petitioner. Petitioner claimed clean
antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, who is a man of clean antecedent, accordingly,
the petitioner, above-named, in the event of his arrest or
surrender in the court below within a period of four weeks
from today, is directed to be released on bail on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
Patna High Court CR. MISC. No.28708 of 2026(2) dt.29-06-2026
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sureties of the like amount each to the satisfaction of
learned Court of Exclusive Special Court- II, Gopalganj, in
connection with Kuchaikote P.S. Case No.267 of 2018,
subject to the conditions as laid down under Section 438(2)
of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
aniket/-
U T
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