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Patna High Court

Deepak Kumar @ Dipak KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Deepak Kumar, was arrested on 22 May 2026 in connection with the recovery of 163.96 litres of illicit foreign liquor from a Bolero, alleged to be a violation of Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He applied for bail, arguing that no incriminating article was found in his possession. The State opposed the bail application. The Court, noting the petitioner’s custody since 22 May, decided to grant bail on the condition of a Rs.10,000 bond with two sureties, subject to the satisfaction of the Exclusive Special Excise Court. The order expressly states that the observations are prima facie and not to be taken as a judgment on the merits of the case. Consequently, the petitioner was released on bail pending trial.

Issues considered

  • Whether bail should be granted to the petitioner under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act considering the nature of the alleged offence and the period of custody.

Legislation cited

Subjects

  • bail
  • excise
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 39307 of 2026
                        Arising out of PS. Case No.-117 Year-2026 Thana- Excise P.S. District- Saran
                 ======================================================
                 Deepak Kumar @ Dipak Kumar S/o Jaipat Manjhi @ Jaypat Manjhi R/o
                 Vill.- New Basti Masumganj, Ward no. 4, P.s.- Bhagwan Bazar, Dist.- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Alok Kumar Alok, Adv.
                 For the Opposite Party/s :         Mr. Rajesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

2   17-06-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                   2. The petitioner seeks bail in Sadar Excise P.S.

                   Case No. 117 of 2026 registered under Sections 30(a) and 32(3)

                   of Bihar Prohibition and Excise Act.

                               3. The allegation is that 163.96 litres of illicit foreign

                   liquor was recovered from the Bolero.

                                 4. Learned counsel for the petitioner submits that

                   nothing incriminating article was recovered from the possession

                   of the petitioner. He further submits that the petitioner is in

                   custody since 22.05.2026.

                               5. Learned Additional Public Prosecutor for the State

                   has vehemently opposed the prayer for bail of the petitioner.
                       Patna High Court CR. MISC. No. 39307 of 2026(2) dt.17-06-2026
                                           2/2




                     6. Considering that the petitioner is in custody since

           22.05.2026, this Court is inclined to grant bail to the petitioner.

                     7. Let the petitioner, above named, be released

           on bail on furnishing bail bonds of Rs. 10,000/- (Ten

           thousand) with two sureties of the like amount each to

           the satisfaction of learned Exclusive Special Excise

           Court No. 3, Saran, in connection with Sadar Excise

           P.S. Case No. 117 of 2026.

                     8. It is made clear that any observation made

           herein is prima facie in nature and limited solely for

           the purpose of           adjudication of             the    present         bail

           application. Such observations shall not be construed

           as an expression on the merits of the case and shall not

           influence the trial or any other proceedings in any

           manner.



                                          (Ansul, J)
Vikash/-

U      T


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