Patna High Court
Deepak Singh @ Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000 and two sureties.
Summary
The petitioner, Deepak Singh, was arrested in connection with the seizure of 147.78 litres of liquor and three blank cartridges from a Swift Dzire car. He was charged under Sections 191(2), 191(3), 109, 132, 324(4) of the B.N.S. and Sections 26, 27, 35 of the Arms Act. The petitioner argued that he neither owned the vehicle nor had the contraband in his conscious possession, no police officer was injured, and that other co‑accused had already been released on bail. The State opposed bail, citing the general and omnibus nature of the allegations and the fact that a charge‑sheet had been filed. The Court, noting the lack of direct involvement, the existence of bail for similarly situated co‑accused, and the submission of the charge‑sheet, ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- What is the appropriateness of granting bail to the petitioner given the charges under the B.N.S. and Arms Act and the omnibus nature of the allegations?
Legislation cited
Subjects
- bail
- criminal procedure
- omnibus allegations
- Arms Act
- liquor seizure
- charge sheet
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81959 of 2025
Arising Out of PS. Case No.-181 Year-2025 Thana- BRAHMPUR District- Buxar
======================================================
Deepak Singh @ Deepak Kumar S/o Late Dadan Singh R/o vill - Sipahi, Ps-
Brampur, Distrct- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sabal Kumar Jha, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 18-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered forthe
offence punishable under Sections 191(2), 191(3), 109, 132,
324(4) of the B.N.S. and u/s 27, 26 and 35 of the Arms Act.
3. The prosecution case in brief is that 147.780 litres
of liquor as well as three blank cartridges were recovered from a
Swift Dzire Car.
4. Learned counsel for the petitioner submits that as
many as 35 persons have been named in the First Information
Report with general and omnibus allegations. It is further
submitted that nothing was recovered from the conscious
possession of this petitioner and he was not the owner of the
vehicles. Further no Police Personnel was injured and the
petitioner is in custody since 04.10.2025 and other similarly
situated co-accused persons have been granted bail by
Patna High Court CR. MISC. No.81959 of 2025(4) dt.18-02-2026
2/2
Coordinate Benches of this Court vide order dated 15.12.2025
and 30.01.2026 passed in Cr. Misc. No. 86283/2025 and Cr.
Misc. No. 2313 of 2026 respectively.
5. Learned APP for the State opposed the grant of
bail.
6. Taking into consideration the facts and
circumstances and also considering the fact that the charge-sheet
has already been submitted and also taking into consideration
the general and omnibus nature of allegations against the
petitioner, coupled with the fact that charge-sheet has already
been submitted and other similarly situated co-accused persons
have been granted bail by Coordinate Benches of this Court, let
the above named petitioner, be released on bail on furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
court of Exclusive Excise Special Court No. 2, Buxar
/concerned Court below in connection with Brahampur P.S.
Case No. 181 of 2025.
(Soni Shrivastava, J)
Ranjeet/-
U T
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