Created by Fuzzy Cloud

Patna High Court

Deepak KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail, subject to bond and surety conditions, if the petitioner is arrested or surrenders within six weeks.

Summary

The petitioner, Deepak Kumar, feared arrest in a case under Section 30(a) of the Bihar Prohibition & Excise Act concerning the seizure of 86,400 litres of foreign liquor from two motorcycles. The prosecution alleged that the motorcycles were used in the offence, and one rider, Ratan Kumar, was caught and identified the petitioner as the owner of one bike, claiming it was taken without his knowledge. The petitioner contended he was not present at the scene, had no criminal record, and that his bike was misused by the co‑accused without his consent. The State opposed the grant of anticipatory bail. The Court, considering the facts, the petitioner's clean antecedent, and the parties' submissions, ordered that the petitioner may be released on bail upon arrest or surrender within six weeks, upon furnishing a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the provisions of the Bihar Prohibition & Excise Act and the Bharatiya Nagrik Suraksha Sanhita, 2023.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • prohibition act
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32255 of 2026
                      Arising Out of PS. Case No.-23 Year-2026 Thana- KUDHNI District- Muzaffarpur
                 ======================================================
                 Deepak Kumar S/o Rambriksh Sah R/o - Ward no. 2, Barakapur @ Badakapur
                 @ Barkurva, P.S. - Kudhni, Dist. - Muzaffarpur, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Prabhat Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   13-05-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Kudhani P.S. Case No. 23 of 2026, instituted under Section

                   30(a) of the Bihar Prohibition & Excise Act.

                                3. As per the prosecution case, there is recovery of

                   86.400 litres of foreign liquor from two motorcycles bearing

                   Registration Nos. BR06DV 5728 and BR06BY 4275. The riders

                   of the motorcycles tried to flee away but one of them was

                   apprehended on the spot who disclosed his name as Ratan

                   Kumar.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in this

                   case being owner of the motorcycle bearing Registration No.
              Patna High Court CR. MISC. No.32255 of 2026(2) dt.13-05-2026
                                                          2/2




                        BR06BY 4275. Petitioner was not present on the spot. Co-

                        accused Ratan Kumar had taken his motorcycle who misused

                        the same without the knowledge and consent of the petitioner.

                        Petitioner has no criminal antecedent. Petitioner undertakes to

                        co-operate in the investigation and trial.

                                     5. Learned A.P.P. for the State opposes the prayer for

                        anticipatory bail.

                                     6. Considering the facts and circumstances of the

                        case, submission of learned counsel for the parties and clean

                        antecedent of the petitioner, in the event of arrest or surrender

                        before the Court below within six weeks from today, the

                        petitioner be released on bail upon furnishing bail bonds of Rs.

                        10,000/- (ten thousand) with two sureties of the like amount

                        each to the satisfaction of learned Exclusive Special Judge,

                        Excise Court-II, Muzaffarpur, Bihar in connection with Kudhani

                        P.S. Case No. 23 of 2026, subject to the conditions laid down in

                        Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita

                        (B.N.S.S.), 2023.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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