Patna High Court
Deepak Kumar @ DeepakversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bond, sureties and verification of the petitioner’s antecedent.
Summary
Petitioner Deepak Kumar sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for alleged recovery of 2,952.72 litres of liquor from a truck he owned. He contended that he was not in actual possession of the liquor, was unaware that his vehicle would be misused by another person, and that ownership alone should not implicate him. The State opposed the bail, arguing the seriousness of the offence. The Court examined the applicability of Section 438(2) of the Criminal Procedure Code and Section 482(2) of the Bihar Narcotic and Substances (B.N.S.S.) Act, and imposed a bond of Rs.5,000 with two sureties, granting provisional anticipatory bail for six weeks. The order conditioned the trial court to verify the petitioner’s criminal antecedent, confirming bail only if he has a single prior case, otherwise the bail would be withdrawn.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC in a case under the Bihar Prohibition and Excise (Amendment) Act, 2018.
- Whether ownership of the seized vehicle, without actual possession of the liquor, suffices to deny anticipatory bail.
- Whether the trial court should verify the petitioner’s criminal antecedent before confirming the bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise law
- vehicle ownership
- criminal antecedent
- Section 438 CrPC
- Section 30(a) Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29864 of 2026
Arising Out of PS. Case No.-210 Year-2024 Thana- DUMRAO District- Buxar
======================================================
Deepak Kumar @ Deepak S/o Omvir Singh R/o House No. 25, Mohalla-
Kotrawaan, Jwalapur Town, Haridwar, Uttrakhand, PIN - 249407.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-05-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 2952.72 litres of liquor from a truck.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner came to be implicated based on the fact that he is
owner of the seized vehicle. It is next submitted that no prudent
person would use his own vehicle for committing an occurrence
and, thus, would create evidence against himself and, hence,
Patna High Court CR. MISC. No.29864 of 2026(2) dt.05-05-2026
2/3
would get implicated. It is also submitted that petitioner was
completely unaware that Amarjeet would misuse the vehicle in
the manner as alleged who was also apprehended from the spot.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, let the petitioner,
above-named, in the event of his arrest or surrender within a
period of six weeks from today, be released on provisional
anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees
Five Thousand) with two sureties of the like amount each to the
satisfaction of the learned Trial Court where the case is
pending/Successor Court in connection with Dumrao P.S. Case
No. 210 of 2024, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of more than one
case, it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
Patna High Court CR. MISC. No.29864 of 2026(2) dt.05-05-2026
3/3
petitioner has antecedent of only one case in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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