Created by Fuzzy Cloud

Patna High Court

Deepak Kumar @ Deepak PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to bond, sureties, and verification of antecedents.

Summary

The petitioner, Deepak Kumar, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that 90.615 litres of liquor were recovered from a bamboo orchard belonging to Harendra Sahani, with no material found in the petitioner's possession. He contended that he was implicated solely on the testimony of Harendra Sahani while in police custody and that he has only two prior criminal cases. The State opposed the anticipatory bail application. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.10,000 and two sureties, directing verification of the petitioner's antecedents. The order stipulated that if more than two prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed immediately. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of alleged involvement in liquor contravention and his criminal antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • liquor seizure
  • criminal antecedent
  • Section 30
  • Section 482
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.792 of 2026
                  Arising Out of PS. Case No.-153 Year-2025 Thana- RAMPUR HARI District- Muzaffarpur
                 ======================================================
                 Deepak Kumar @ Deepak Paswan S/O Lal Babu Paswan @ Lalbau Paswan
                 Resident of Village- Mohammadpur, P.S- Ahiyapur, Distt.- Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sagar Kumar, Advocate
                 For the Opposite Party/s :       Mr. Bharat Lal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedents of two cases, as would manifest from

                   the supplementary affidavit, and allegation is of recovery of

                   90.615 litres of liquor from a bamboo orchard of Harendra

                   Sahani. It is next submitted 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 and he came to be implicated at

                   the instance of Harendra Sahani in police custody which does
Patna High Court CR. MISC. No.792 of 2026(2) dt.15-01-2026
                                            2/3




          not have any evidentiary value when petitioner has no relation

          or concern with Harendra Sahani.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. 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-bond in the

          sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of

          the like amount each to the satisfaction of learned Special Judge

          Excise,     Court      No.-II, Muzaffarpur         in connection with

          Rampurhari P.S. Case No.153 of 2025, subject to the conditions

          laid down under Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.

                       7. 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

          found that petitioner has antecedents 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
               Patna High Court CR. MISC. No.792 of 2026(2) dt.15-01-2026
                                                           3/3




                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedents of only two cases, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.