Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The bail application is allowed, subject to the conditions imposed by the Court.
Summary
The petitioner, Deepak Kumar, was arrested on 11 May 2026 in connection with a case of alleged possession of 68.4 litres of illicit liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He had one prior criminal antecedent and was in custody when he applied for regular bail, claiming innocence and offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail, arguing the seriousness of the offence and the petitioner’s criminal record. The Court considered the length of custody, the nature of the alleged offence, the petitioner’s willingness to comply with conditions, and the principle that bail is a right unless justified otherwise. It allowed the bail application, directing release on a bail bond of Rs. 10,000 with two sureties, subject to specific conditions including the charitable donation, regular police attendance, and verification of antecedents. The order emphasized that the observations were prima facie and would not affect the merits of the trial.
Issues considered
- Whether bail should be granted in a case of alleged possession of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the petitioner’s prior criminal antecedent precludes the grant of bail
- Whether imposing a condition of charitable donation is permissible in a bail order
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- illicit liquor
- criminal antecedent
- conditions of bail
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43885 of 2026
Arising Out of PS. Case No.-106 Year-2026 Thana- CHAPRA RAIL P.S. District- Saran
======================================================
Deepak Kumar Son of Late Ganesh Mahto Resident of Village- Phulwariya @
Phulwaria, ward no. 1, P.S.- Phulwariya, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Yugal Kishore
For the Opposite Party/s : Mr. Suresh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed seeking
regular bail in connection with Chapra Rail P.S. Case No. 106 of
2026, registered for offences punishable under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 68.4 liters of illicit
liquor have been recovered from the possession of the petitioner.
The petitioner is in custody since 11.05.2026 and has one
criminal antecedent.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence; rather,
he has been falsely implicated in the present case. It is further
submitted that the petitioner undertakes to donate a sum of Rs.
Patna High Court CR. MISC. No.43885 of 2026(2) dt.08-07-2026
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25,000/- (Rupees Twenty-Five Thousand only) to a charitable
organization, without prejudice to his defence and without
admitting guilt.
5. Learned APP for the State has opposed the prayer
for bail.
6. Having considered the facts and circumstances of
the case, the period of custody, and the submissions advanced on
behalf of the parties, the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Chapra Rail P.S.
Case No. 106 of 2026, subject to the following conditions:
(I). The petitioner shall deposit a sum of Rs.
25,000/- (Rupees Twenty-Five Thousand only) with
Ramakrishna Mission Ashrama, Ramakrishna Avenue,
Nala Road, Patna, Bihar and shall produce a valid
receipt thereof before the court below. The bail bonds
shall be accepted only after verification of the
genuineness of the said receipt.
(ii). The petitioner shall mark his attendance
at Phulwariya Police Station on every 1st and 3rd
Sunday of each month. In the event of default, the bail
bonds shall be liable to be cancelled.
(iii). Before accepting the bail bonds of the
petitioner, the court below shall verify the petitioner’s
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criminal antecedents. If it is found that the petitioner
has any criminal antecedents other than Phulwariya
P.S. Case No. 209 of 2025, the bail bonds shall not be
accepted. However, if the petitioner is found to have
only one criminal antecedent, namely Phulwariya P.S.
Case No. 209 of 2025, the bail bonds shall be accepted
by the court below.
(iv). It is made clear that the acceptance of
the bail bonds shall not be delayed on the ground of,
or in the name of, such verification. During the
process of verification, the petitioner shall be released
on interim bail and upon completion of the
verification, the court below shall pass an appropriate
order in accordance with law.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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