Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Deepak Kumar, was arrested after 435 litres of illicit foreign liquor were seized from his vehicle in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. He applied for regular bail, claiming he was not in conscious possession of the liquor, that the seizure violated the procedural requirements of Section 105 of the BNSS, and that he has no prior criminal record. The State opposed the bail application. The court examined the facts, the alleged procedural lapse in seizure, and the petitioner’s custody since 24‑03‑2026, and found no sufficient ground to deny bail. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount, subject to the satisfaction of the Exclusive Special Excise Court‑1 at Banka. The bail order effectively disposes of the petition.
Issues considered
- Whether the petitioner is entitled to regular bail for an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
- Whether the seizure of the liquor complied with the procedural requirements of Section 105 of the BNSS.
- Whether the petitioner’s lack of antecedents and the period of custody justify the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
- BNSS — s. 105
Subjects
- bail
- regular bail
- prohibition and excise
- illicit liquor
- seizure
- Section 105
- Bihar Prohibition and Excise Act
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30127 of 2026
Arising Out of PS. Case No.-78 Year-2026 Thana- BELHAR District- Banka
======================================================
Deepak Kumar S/O Vindeshwari Yadav R/O Village- Kathara, P.S.-
Jilebiyamor, District- Banka.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Om Prakash Singh, Advocate
For the Opposite Party/s : Mr.Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 30 (a) of
the Bihar Prohibition and Excise Act, 2022.
3. The case of the prosecution, in brief, is that
altogether 435 litres of illicit foreign liquor were recovered from
the vehicle of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that the
petitioner is the owner of the vehicle and nothing has been
recovered from his conscious possession. It is further submitted
that the seizure witnesses are police personnel, the mandatory
Patna High Court CR. MISC. No.30127 of 2026(2) dt.07-05-2026
2/2
provisions under Section 105 of the BNSS were not complied
with at the time of seizure, the petitioner has no criminal
antecedent, and he is in custody since 24.03.2026.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Belhar P.S. Case No. 78/2026 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
court of Exclusive Special Excise court – 1 at Banka.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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