Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that due to the lack of possession and non‑compliance with Section 103(4) of the BNSS, anticipatory bail must be granted to the petitioner.
Summary
The petitioner, Deepak Kumar, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, with 9.27 litres of liquor recovered from a hut belonging to Dhanji Singh. The petitioner contended that the recovery was not from his conscious possession and that the search and seizure did not comply with Section 103(4) of the BNSS, as no independent witness was present. The Additional Public Prosecutor opposed the grant of anticipatory bail. The court examined the factual submissions and noted the procedural deficiency, concluding that the recovery did not prima facie establish possession by the petitioner. Consequently, the court directed that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The bail was to be effected within four weeks of the order.
Issues considered
- Whether anticipatory bail should be granted when the seized liquor was not found in the petitioner's possession.
- Whether the search and seizure complied with the procedural requirements of Section 103(4) of the BNSS.
- Whether the petitioner can be held liable for the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 103(4), 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition and Excise Act
- search and seizure
- Section 103(4) BNSS
- CrPC Section 438
- procedural lapse
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40783 of 2026
Arising Out of PS. Case No.-193 Year-2026 Thana- DINARA District- Rohtas
======================================================
Deepak Kumar S/O Vijay Shankar Gupta Resident of Village- Dinara, P.S.
Dinara, District- Rohtas.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr.Shashi Kant, Advocate
For the Opposite Party/ : Mr.Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Dinara P.S. Case
No.193 of 2026 registered under Section 30(a) of Bihar
Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 9.27 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the name of this petitioner arrayed solely
on the basis of suspicion. It is also submitted that the
Patna High Court CR. MISC. No.40783 of 2026(2) dt.24-06-2026
2/3
recovery of illicit liquor was made from the hut of Dhanji
Singh. It is also submitted that recovery of illicit liquor was
not made from conscious possession of this petitioner. It is
important to highlight that the requirement of Section
103(4) of the BNSS has not been complied with, inasmuch
as no independent witness was associated with the search
and seizure list and the seizure witnesses were police
personnel themselves. Explaining criminal antecedent, it is
submitted that the petitioner found involved in one criminal
case, where he is on bail.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, accordingly, the petitioner, above-named, in the
event of his arrest or surrender in the court below within a
period of four weeks from today, is directed to be released
on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.40783 of 2026(2) dt.24-06-2026
3/3
satisfaction of the learned Exclusive Special Judge, Excise
Court No. 1, Rohtas at Sasaram in connection with Dinara
P.S. Case No.193 of 2026, subject to the conditions as laid
down under Section 438(2) of the CrPC/under Section
482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
aniket/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.