Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, finding no prima facie material linking him to the seized liquor and noting his clean antecedent.
Summary
The petitioner, Deepak Kumar, was implicated in a case of illegal liquor trade after 72 litres of illicit liquor were recovered from a scooty that he owned, although his name does not appear in the FIR registered under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that ownership of the vehicle alone does not establish his possession, involvement or complicity, and that the seizure list lacks independent corroboration. The Additional Public Prosecutor opposed his anticipatory bail. The court noted the absence of material linking the petitioner to the seized liquor and his clean antecedent, and therefore granted anticipatory bail subject to surrender, a bond of Rs.10,000 and two sureties, under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order directed the petitioner to appear before the Special Judge Excise‑I within four weeks. The bail was conditioned on compliance with the stipulated terms.
Issues considered
- What is the applicability of anticipatory bail under Section 438 CrPC when the petitioner is not named in the FIR and there is no evidence of possession?
- Whether ownership of the vehicle from which illicit liquor was recovered suffices to establish the petitioner’s involvement in the offence.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- seizure
- clean antecedent
- Bihar Prohibition and Excise Act
- CrPC
- BNSS
- vehicle ownership
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44630 of 2026
Arising Out of PS. Case No.-136 Year-2026 Thana- JANIPUR District- Patna
======================================================
Deepak Kumar, S/o Manoj Chaudhary, R/o Vill - Nisarpura, P.S- Janipur,
District - Patna
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Part
======================================================
Appearance :
For the Petitioner/s : Mr. Dhaneshwar Prasad Gupta, Advocate
For the Opposite Party/s : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 06-07-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is not named in the FIR
and apprehending his arrest in connection with Janipur P.S.
Case No.136 of 2026 registered under Section 30(a) of the
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 72 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the seized illicit liquor was recovered from
a Scooty. It is further submitted that the petitioner’s name
Patna High Court CR. MISC. No.44630 of 2026(2) dt.06-07-2026
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has been surfaced in the present case solely on the ground
that he is the registered owner of the seized vehicle, and not
on the basis of any material demonstrating his conscious
possession, involvement or complicity in the alleged offence.
It is also pointed out that seizure list appears doubtful being
not supported by independent witnesses rather than by
police personnel. The petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of fact as recovery of illicit liquor prima facie not
appears to be made from physical possession of this
petitioner, accordingly, the petitioner above-named, who is a
man of clean antecedent, 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 satisfaction of the
learned Special Judge Excise-I, Patna in connection with
Janipur P.S. Case No.136 of 2026, subject to the conditions
Patna High Court CR. MISC. No.44630 of 2026(2) dt.06-07-2026
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as laid down under Section 438(2) of the CrPC/under
Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Raushan/-
U T
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