Patna High Court
Deepak Rai @ Dipak RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Petitioner Deepak Rai was arrested on 21 May 2026 in connection with an excise case involving the seizure of 120,960 litres of illicit foreign liquor. He sought bail, arguing that the liquor was recovered from a vehicle he did not own and that no seizure was made from his conscious possession, also contending that the seizure list violated Sections 103 and 105 of the BNSS, 2023. The prosecution opposed bail, citing a prior criminal antecedent. The court examined the facts, noted the lack of ownership and possession by the petitioner, and considered the procedural lapse alleged. It granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of the antecedent, while allowing the bail bond to be cancelled if conditions are breached.
Issues considered
- Whether bail should be granted to the petitioner given the alleged lack of ownership and possession of the seized liquor.
- Whether non‑compliance with Sections 103/105 of the BNSS, 2023, regarding seizure list witnesses, affects the bail application.
- Whether the petitioner’s prior criminal antecedent warrants denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a), 32(3)
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- excise
- illicit liquor
- possession
- seizure
- criminal antecedent
- Bihar Prohibition and Excise Act
- BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40761 of 2026
Arising Out of PS. Case No.-116 Year-2026 Thana- Excise P.S. District- Saran
======================================================
Deepak Rai @ Dipak Rai S/o- Upendra Rai R/Village- Mahamada PS-Garkha
District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 30-06-2026 Heard Mr. Sandip Kumar Gautam, learned counsel
for the petitioner and Mr. Bhanu Pratap Singh, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
21.05.2026 in connection with Saran Excise P.S. (Sadar) Case
No. 116 of 2026, F.I.R. dated 21.05.2026 for the offences
punishable under Sections 30(a) and 32(3) of the Bihar
Prohibition and Excise Act, 2018.
3. Recovery is of 120.960 liters of illicit 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.40761 of 2026(2) dt.30-06-2026
2/3
been made from the vehicle in question and petitioner is not the
owner of the said vehicle. He further submits that the petitioner
has no concern at all from the recovery of the illicit liquor. It
appears from the seizure list that seizure list witnesses are police
personnel, so there is non-compliance of Section 103/105 of the
BNSS, 2023. The petitioner is in custody since 21.05.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that the petitioner carries one criminal antecedent other
than the present one.
6. Considering the aforesaid facts and circumstances
that recovery has been made from the vehicle in question and
petitioner is not the owner of the vehicle in question, 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 Exclusive
Special Excise Judge-03, Saran at Chapra in connection with
Saran Excise P.S. (Sadar) Case No. 116 of 2026 subject to the
following conditions:-
i. Petitioner 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
Patna High Court CR. MISC. No.40761 of 2026(2) dt.30-06-2026
3/3
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)
Vanisha/-
U T
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