Patna High Court
Deepak Kumar @ Deepak SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bail bonds, sureties, and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Deepak Kumar, applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 129.870 litres of liquor from a cattle-shed. He argued that he was not in possession of the liquor, had no relation to the premises or the parties involved, and that the investigation was mechanically conducted, implicating innocent persons. The State opposed the bail, citing the seriousness of the offence and the petitioner’s prior two cases under the Excise Act. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.10,000 with two sureties, subject to verification of his criminal antecedent. The order further stipulated that if more than two prior cases are found, the bail would not be confirmed, whereas confirmation would follow if only two cases are verified, and the petitioner also undertook to deposit Rs.5,000 with the High Court Legal Services Committee.
Issues considered
- Whether anticipatory bail can be granted under Section 438(2) CrPC in a case punishable under Section 30(a) of the Excise Act
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail
- What conditions may be imposed on anticipatory bail pending verification of antecedent
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- Section 30(a)
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6109 of 2026
Arising Out of PS. Case No.-15 Year-2025 Thana- Excise P.S. District- Samastipur
======================================================
Deepak Kumar @ Deepak Sah S/o Umesh Sah R/o Village- Rupnarayanpur,
Bela, P.S.- Karpurigram, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Ranjan
For the Opposite Party/s : Mr.Awadhesh Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of two cases under the Excise Act
and allegation is of recovery of 129.870 litres of liquor from
cattle-shed of Anita Devi which was forcibly occupied by
Shravan Kumar.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even alleged
recovery is from a place, which does not belong to the petitioner
Patna High Court CR. MISC. No.6109 of 2026(2) dt.03-02-2026
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and petitioner has no concern or relation with Anita and Shravan
and he came to be implicated during the course of investigation.
It is next submitted that police in majority of cases implicating
innocent persons either at the behest of Chaukidar, local person,
secret information and confessional statement in a mechanical
manner without holding a proper investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Trial
Court where the case is pending/successor Court in connection
with Samastipur Excise P. S. Case No.15 of 2025, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
Patna High Court CR. MISC. No.6109 of 2026(2) dt.03-02-2026
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found that petitioner has antecedent of more than two cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of two cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
9. At this stage, the learned counsel appearing on
behalf of the petitioner based on instruction submits that
petitioner undertakes to deposit an amount of Rs.5,000/- with
Patna High Court Legal Services Committee, Patna within a
period of two weeks from today.
(Satyavrat Verma, J)
vikash/-
U T
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