Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to conditions and verification of the petitioner’s antecedent.
Summary
The petitioner, Deepak Kumar, sought anticipatory bail in a case alleging that 1,827 litres of liquor were recovered from a truck he was allegedly involved in transporting puffed rice. He argued that he had no prior criminal record, was not the owner of the truck, and had no knowledge of the driver’s alleged misuse of the vehicle. The State opposed the bail, but the High Court, considering the petitioner’s clean antecedent and lack of direct possession, granted provisional anticipatory bail subject to a Rs.500 bond, two sureties, and verification of his criminal record under Section 482(2) of the B.N.S.S. The order also required a deposit of Rs.2,500 with the Advocates’ Association. The court clarified that if any antecedent is discovered, the bail may be revoked; otherwise, it will be confirmed.
Issues considered
- What is the applicability of anticipatory bail under Section 482(2) of the B.N.S.S. to the petitioner accused under the Bihar Prohibition and Excise Act?
- Whether the petitioner’s lack of ownership and possession of the seized liquor justifies granting anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 482
- provisional bail
- clean antecedent
- liquor seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3539 of 2026
Arising Out of PS. Case No.-170 Year-2021 Thana- SINGHWARA District- Darbhanga
======================================================
Deepak Kumar Son of Munna Lal Resident of House No. 55, Nandani
Enclave, P.S. - Nandgram, District - Ghaziabad (U.P.).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurav Anand, Advocate
For the Opposite Party/s : Ms. Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 30(a), 41(i) and
41(ii) of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 1827 litres of liquor from a truck. It is next
submitted that petitioner was not arrested from the spot, as such,
nothing was recovered from his conscious possession and is not
the owner of the seized truck and he came to be implicated
based on the disclosure made by the owner of the truck that he
had entered into an agreement for transportation of puffed rice
with the petitioner but then it is submitted that no prudent
Patna High Court CR. MISC. No.3539 of 2026(2) dt.29-01-2026
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businessman would commit an occurrence which shall bring
disrepute to his own business. It is also submitted that petitioner
was completely unaware that driver of the vehicle would misuse
the vehicle in the manner as alleged, who was also arrested from
the spot along with Rohit Kumar. It is also submitted that owner
of the truck has been granted the privilege of anticipatory bail
by an order dated 22.12.2025, passed in Cr. Misc. No.88445 of
2025 by a learned Coordinate Bench.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of learned Exclusive Special
Judge-II (Excise Act), Darbhanga in connection with Singhwara
P.S. Case No.170 of 2021, subject to the conditions laid down
under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
Patna High Court CR. MISC. No.3539 of 2026(2) dt.29-01-2026
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accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner,
based on instruction, submits that petitioner undertakes to
deposit an amount of Rs.2500/- with Advocates’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sanjay/-
U T
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