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Patna High Court

Deepak Dubey @ Dipak Dubey @ Deepak KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted, subject to strict conditions, as the prosecution had not established possession or direct involvement beyond suspicion.

Summary

The petitioner, Deepak Dubey, was arrested on 6 April 2026 in connection with a 2021 complaint alleging violations of Sections 30(a) and 41(1)(2) of the Bihar Prohibition and Excise Act, 2018 after 723.6 litres of foreign liquor were recovered from behind his house. He contended that the liquor was not in his conscious possession and that he was implicated solely on suspicion, asserting his innocence. The prosecution highlighted two prior criminal antecedents, though noting an acquittal in one case, and opposed bail. The High Court, after considering the lack of direct possession, the nature of the evidence, and the petitioner’s claim of innocence, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The order directed the lower court to release the petitioner while retaining the power to cancel bail if conditions are breached.

Issues considered

  • Whether bail should be granted when the alleged offence involves large‑scale seizure of foreign liquor but the accused was not found in direct possession.
  • Whether the petitioner’s prior criminal antecedents justify denial of bail.
  • Whether mere suspicion, without substantive evidence linking the accused to the contraband, warrants continued custody.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • foreign liquor seizure
  • criminal antecedent
  • suspicion
  • possession
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38894 of 2026
                   Arising Out of PS. Case No.-33 Year-2021 Thana- GOVERNMENT OFFICIAL COMP.
                                                     District- Vaishali
                 ======================================================
                 Deepak Dubey @ Dipak Dubey @ Deepak Kumar S/O Ram Naresh Dubey @
                 Naresh Dubey R/O Vill-Nawada,Ward N.- 02,P.S -Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Arvind Kumar Sinha, Advocate
                 For the Opposite Party/s :    Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   22-06-2026                      Heard Mr. Arvind Kumar Sinha, learned counsel

                   for the petitioner and Mr. Sanjay Kumar Pandey, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   06.04.2026 in connection with Complaint Case No. C2A No.33

                   of 2021 for the offences punishable under Section 30(a), 41(1)

                   (2) of the Bihar Prohibition and Excise Act, 2018.

                               3. Recovery is of 723.600 liters of foreign liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. He further submits that it appears from the F.I.R.

                   as well as seizure list that nothing has been recovered from the

                   conscious possession of the petitioner rather the recovery has
Patna High Court CR. MISC. No.38894 of 2026(2) dt.22-06-2026
                                            2/3




          been made from behind the house of the petitioner and the

          petitioner has been made accused merely on the basis of

          suspicion and petitioner has been remanded in the present case

          in Hajipur Sadar P.S. Case No. 236 of 2008 on 06.04.2026 and

          except the suspicion nothing has come during investigation,

          which suggest the involvement of the petitioner in the present

          case. The petitioner is in custody since 06.04.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner carries two criminal antecedents other

          than the present one but fairly submits on the basis of

          paragraph-3 of the bail application that the petitioner has been

          acquitted in one case.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Special

          Judge (Exclusive Special Excise and Prohibition Court-II-cum-

          District and Additional Sessions Judge, Hajipur, Vaishali) in

          connection with Complaint Case No. C2A No.33 of 2021 ,

          subject to the following conditions:-

                        i. Petitioner shall co-operate in the trial and shall be
             Patna High Court CR. MISC. No.38894 of 2026(2) dt.22-06-2026
                                                         3/3




                        properly represented on each and every date fixed by the court

                        and shall remain physically present as directed by the court and

                        on his absence on two consecutive dates without sufficient

                        reason, his bail bond shall be cancelled by the Court below.

                                     ii. If the petitioner tampers with the evidence or the

                        witnesses, in that case, the prosecution will be at liberty to

                        move for cancellation of bail.

                                    iii. And further condition that the court below shall

                       verify the criminal antecedent of the petitioner and in case at

                       any stage it is found that the petitioner has concealed his

                       criminal antecedent, the court below shall take step for

                       cancellation of bail bond of the petitioner. 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)
Suruchi /-

U       T


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