Patna High Court
Deepak Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner subject to a cash bond and conditions of appearance.
Summary
The petitioner, Deepak Kumar Yadav, a driver, was arrested in connection with the seizure of 501.150 litres of liquor from a truck, alleged to be offences under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act and Section 317(5) of the B.N.S. The prosecution argued that the liquor was recovered from the vehicle, but the petitioner claimed he had no knowledge of the goods, was not the owner, and no incriminating article was found in his possession. He had been in custody since 12‑12‑2025, had no prior criminal record, and the State had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The learned counsel for the petitioner contended that the case was false and that bail was appropriate. The Court, after considering the lack of direct evidence against the petitioner and the procedural lapse, granted bail subject to a bond of Rs.15,000 with two sureties and conditions of appearance. The bail order also stipulated cancellation of the bond upon default on two consecutive court dates.
Issues considered
- Whether the petitioner, as a driver without ownership or knowledge of the contraband, is entitled to bail under the applicable statutes.
- Whether the State’s failure to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants the grant of bail.
- Whether the nature of the alleged offences under the Bihar Prohibition and Excise Act and B.N.S. justifies denial of bail.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- B.N.S. — s. 317(5)
Subjects
- bail
- liquor seizure
- Bihar Prohibition and Excise Act
- B.N.S.
- Bharatiya Nagarika Suraksha Sanhita
- driver liability
- Section 103
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5251 of 2026
Arising Out of PS. Case No.-679 Year-2025 Thana- KATEYA District- Gopalganj
======================================================
Deepak Kumar Yadav Son of Laddu Rai Resident of Sakin - Prithvipur
(Pirthamipur), P.S.- Panapur, District - Chhapra (Saran) Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Kateya
P.S. Case No. 679/2025 instituted for the offences punishable
under Sections 30(a) and 41(1) of the Bihar Prohibition and
Excise Act and Section 317(5) of the B.N.S.
3. The prosecution case, in short, is that total 501.150
litres of liquor was recovered from truck.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner is not the owner of the vehicle. It is further
submitted that petitioner is the driver of the vehicle in question
but he had no knowledge regarding the goods loaded in the
Patna High Court CR. MISC. No.5251 of 2026(2) dt.29-01-2026
2/2
vehicle. The petitioner is in custody since 12.12.2025 and has
no criminal antecedent. There is no compliance of Section 103
of the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP 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 as also 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/- ( Rupees Fifteen Thousand) with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with Kateya P.S. Case No.
679/2025, 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
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
atul/-
U T
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