Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition & Excise Act — s. 30(a)
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
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