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Patna High Court

Deepak Rai @ Dipak RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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