Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of his antecedents.
Summary
The petitioner, Deepak Kumar, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case alleging violations of Sections 30(a), 32, 36 and 41 of the Excise Act, involving the alleged recovery of 882 litres of liquor from a truck. He contended that he was not arrested at the scene, had no conscious possession of the liquor, was not the owner of the vehicle, and was implicated by a watchman with whom he has a personal dispute. The State opposed the bail, arguing the seriousness of the offences. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to verification of his criminal antecedents. The order stipulated that if more than two prior cases are found, the bail would be revoked; otherwise, it would be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged excise offences.
- Whether the petitioner is likely to flee or tamper with evidence, justifying denial of bail.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a), 32, 36, 41
Subjects
- anticipatory bail
- Excise Act offences
- Section 438 CrPC
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37440 of 2026
Arising Out of PS. Case No.-42 Year-2026 Thana- KARPURIGRAM District- Samastipur
======================================================
Deepak Kumar Son of Rajendra Singh Resident of Village- Singhia Khurd,
P.S.- Karpurigram, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Brajesh Kumar Singh
For the Opposite Party/s : Mr.Brajendra Nath Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-06-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 30(a), 32, 36 and 41 of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of two cases under the Excise Act
and allegation is of recovery of 882 litres of liquor from a 12
wheeler truck.
4. The learned counsel for the petitioner submits 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 at the instance of
Chaukidar with whom he is on an inimical term. It is also
Patna High Court CR. MISC. No.37440 of 2026(2) dt.16-06-2026
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submitted that since Chaukidar got the petitioner implicated as
such the police also made the apprehended accused confessed
the name of the petitioner. It is next submitted that police in
majority of cases implicating innocent persons either at the
behest of Chaukidar, local person, secret information and
confessional statement in a mechanical manner without holding
a proper investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. 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-bonds in the
sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Trial
Court where the case is pending/successor Court in connection
with Karpurigram P. S. Case No.42 of 2026, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
Patna High Court CR. MISC. No.37440 of 2026(2) dt.16-06-2026
3/3
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than two cases,
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 has antecedent of two cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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