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Patna High Court

Deepak KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.4367 of 2026(2) dt.27-01-2026
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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
           Patna High Court CR. MISC. No.4367 of 2026(2) dt.27-01-2026
                                                       3/3




                     bail bonds of the petitioner.


                                                                  (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T


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