Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, subject to conditions.
Summary
The petitioner, Deepak Kumar, was arrested in connection with the recovery of 1500 litres of country-made liquor from a Tata vehicle, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act and Sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023. He contended that he was merely the driver, unaware of the illicit cargo, and that no incriminating material was found in his possession, emphasizing his clean criminal record and the lack of compliance with Section 103 of the BNSS. The State opposed bail, citing the seriousness of the offences. The Court, considering the petitioner’s clean antecedent, the duration of his custody, and the circumstances of the case, decided to grant bail. Bail was conditioned on a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and the requirement to appear at every trial date.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) of the Bihar Prohibition and Excise Act and 274, 275 of the Bharatiya Nyaya Sanhita, 2023.
- Whether the lack of compliance with Section 103 of the BNSS affects the bail application.
- Whether the petitioner’s role as driver without knowledge of the illicit liquor negates the necessity for continued detention.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 274, 275
Subjects
- bail
- prohibition law
- excise
- Bharatiya Nyaya Sanhita
- Section 103
- driver
- illicit liquor
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4367 of 2026
Arising Out of PS. Case No.-692 Year-2025 Thana- BIDUPUR District- Vaishali
======================================================
Deepak Kumar S/O Nepali Rai @ Newal Rai R/O- Vishunpur Rajkhand,
(Maya Ram Pethiya), P.S.- Bidupur, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate
For the Opposite Party/s : Ms. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Bidupur PS Case No. 692 of 2025 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act
and Sections 274 & 275 of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that 1500 liters
country made liquor was recovered from Tata vehicle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
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that name of the petitioner has surfaced in this case as being
driver of the vehicle in question and he was oblivious of the fact
that illicit liquor was laden in the vehicle. The petitioner is in
custody since 14.12.2025 and has got no criminal antecedent/s.
There is no compliance of Section 103 of the BNSS, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, clean antecedent of the petitioner and the period of
custody undergone by the petitioner, this Court is inclined to
grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs.15,000/- (Fifteen thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Bidupur PS Case No. 692 of 2025, subject to
the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
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bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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