Patna High Court
Deepak Kumar @ Deepak PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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
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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
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