Patna High Court

Deepak KumarversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Deepak Kumar, feared arrest in an excise case where 831.6 litres of liquor were seized from a Mahindra Bolero. He alleged that his name was implicated solely on the basis of a co-accused's confessional statement and that he was neither the owner nor the driver of the vehicle. The petitioner argued that no prima facie case existed against him, he had no criminal antecedents, and the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs. 15,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Whether the prosecution has established a prima facie case against the petitioner under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
Whether the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants the grant of anticipatory bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
excise law
false implication
confessional statement
Section 103
Section 482
Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.56 of 2026
                       Arising Out of PS. Case No.-563 Year-2025 Thana- Excise P.S. District- Siwan
                 ======================================================
                 Deepak Kumar S/o Shiv Chandra Ray Resident of Village- Mahua Singh Rae
                 (Wrongly mentioned in the F.I.R. as Mahua Simra), P.S.- Mahua, District-
                 Vaishali

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Anish Kumar, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2.The petitioner apprehends his arrest in connection

                   with Siwan Excise P.S. Case No. 563 of 2025 instituted for the

                   offences punishable under Sections 30(a), 32(3) of the Bihar

                   Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 831.600

                   litres of liquor was recovered from Mahindra Bolero.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. The

                   name of the petitioner transpired in this case on the basis of

                   confessional statement of the co-accused. Learned counsel

                   further submitted that petitioner is neither the owner nor the
           Patna High Court CR. MISC. No.56 of 2026(2) dt.19-01-2026
                                                       2/2




                     driver of the vehicle. The petitioner has got no concern with the

                     alleged recovery of liquor. Learned counsel further submitted

                     that, prima-facie, no case is made out against the petitioner. The

                     petitioner 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, let the petitioner above named, in the event of

                     arrest/surrender before the learned Court below within a period

                     of six weeks from today, be released on anticipatory bail 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 Siwan Excise

                     P.S. Case No. 563 of 2025, subject to the conditions as laid

                     down under Section 482(2) of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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