Patna High Court
Deepak Kumar @ Deepak PanditversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court held that the petitioner is eligible for bail, subject to the stipulated bond and conditions.
Summary
The petitioner, Deepak Kumar, was arrested for allegedly transporting 195 litres of illicit foreign liquor in his car, alleged offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He contended that he was merely a driver, not the owner of the vehicle, and had no knowledge of the liquor, invoking a violation of Section 105 of the Bihar Negotiable and Security Act. The State opposed his bail, noting two prior similar cases and his custody since 15 May 2026. The Court, after weighing the facts, the nature of the seizure, and the period of custody, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS and additional specific conditions. The bail order required the petitioner’s presence at all court dates and stipulated cancellation of bail upon non‑compliance.
Issues considered
- Whether the petitioner is entitled to bail for offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s claim of being a driver without knowledge of the liquor falls under Section 105 of the Bihar Negotiable and Security Act.
- Whether prior similar offences affect the grant of bail.
- What conditions under Section 480(3) of the BNSS are applicable to the bail.
Legislation cited
- Bihar Negotiable and Security Act — s. 105, 480(3)
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
Subjects
- bail
- illicit liquor
- excise
- Bihar Prohibition and Excise Act
- Section 105
- Section 480(3)
- driver
- prior convictions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42033 of 2026
Arising Out of PS. Case No.-554 Year-2026 Thana- Excise P.S. District- Kishanganj
======================================================
Deepak Kumar @ Deepak Pandit S/O- Surya Narayan Pandit @ Sury
Narayan Pandit R/O Vill.-Phulparas ward no. 02, PS- Phulparas, District
Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Mr.Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Madya Nisedh P.S. Case No. 554 of 2026,
giving rise to Special Case No. 564 of 2026 registered for the
alleged offences under Sections 30(a) and 32(3) of Bihar
Prohibition and Excise Act.
03. As per prosecution case, the petitioner was
apprehended transporting illicit liquor in his car and recovery of
195 litres of foreign liquor was made from the car.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence and he
Patna High Court CR. MISC. No.42033 of 2026(2) dt.01-07-2026
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has no concern with the seized liquor. The petitioner is not the
owner of the vehicle and he was merely a driver but he has no
knowledge about the liquor in the car. There is complete
violation of Section 105 of BNSS. The petitioner is having
antecedent of two cases of similar nature and he is in custody
since 15.05.2026.
05. Learned APP opposes the submission made on
behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of recovery and period of custody of the petitioner, the
petitioner above named is directed to 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 Judge Excise-II, Kishanganj/concerned Court
in connection with Madya Nisedh P.S. Case No. 554 of 2026,
giving rise to Special Case No. 564 of 2026, subject to the
conditions mentioned in Section 480(3) of B.N.S.S. and also the
following conditions :
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
Patna High Court CR. MISC. No.42033 of 2026(2) dt.01-07-2026
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on each and every date fixed by the
court below.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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