Patna High Court
Gagan Deep KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioners subject to a bond and specified conditions.
Summary
Petitioners Gagan Deep Kumar and Ramjan were arrested on 7 April 2026 for alleged possession of 270 litres of country‑made liquor seized from a vehicle, alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act. They contended they had no conscious possession, were not owners of the vehicle, had clean antecedents and that the seizure violated Sections 103 and 105 of the Bihar Non‑Standard Substances Act, 2023. The State opposed bail. The High Court, after considering the facts, ordered that both petitioners be released on bail upon furnishing a bond of Rs 10,000 each with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence and verification of criminal antecedent. The bail order was made without delay for antecedent verification.
Issues considered
- Whether bail should be granted to accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether alleged non‑compliance of Sections 103/105 of the Bihar Non‑Standard Substances Act, 2023, warrants denial of bail.
- Whether lack of conscious possession and ownership of the vehicle affects the grant of bail.
Legislation cited
- Bihar Non‑Standard Substances Act, 2023 — s. 103, 105
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- illegal liquor
- Section 30(a)
- BNSS 2023
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32700 of 2026
Arising Out of PS. Case No.-120 Year-2026 Thana- NAUTAN District- Siwan
======================================================
1. Gagan Deep Kumar S/o Sri Nandlal Prasad R/o Village - Chunari, P.S.- Lar,
District - Deoriya(U.P.).
2. Ramjan S/o Mubarak R/o Village - Imalaui, P.S. - Mairwa, Dist. - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghav Prasad, Advocate
For the Opposite Party/s : Ms. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-05-2026 Heard Mr. Raghav Prasad, learned counsel for the
petitioners and Ms. Shaheen Begum, learned Additional Public
Prosecutor for the State.
2. Petitioners seeks bail who are in custody since
07.04.2026 in connection with Nautan P.S. Case No. 120 of
2026, F.I.R. dated 07.04.2026 for the offences punishable under
Section 30(a) of Bihar Prohibition and Excise Act.
3. Recovery is of 270 liters of country made liquor.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. It appears from the FIR as well as
seizure list that nothing has been recovered from the conscious
possession of the petitioners rather altogether 270 liters of
Patna High Court CR. MISC. No.32700 of 2026(2) dt.13-05-2026
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country made liquor has been recovered from the vehicle in
question and these petitioners are not the owner of the said
vehicle in question. He further submits that there is non-
compliance of Sections 103/105 of the BNSS, 2023. The
petitioners are in custody since 07.04.2026.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances,
let the petitioners, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned Exclusive Special Excise Court No.-2, Siwan in
connection with Nautan P.S. Case No. 120 of 2026, subject to
the following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
Patna High Court CR. MISC. No.32700 of 2026(2) dt.13-05-2026
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iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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