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Patna High Court

Deepak KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Deepak Kumar, was arrested in connection with a special excise case alleging possession of 6.75 litres of liquor, a pistol, and a magazine with live cartridges recovered from his residence. He contended that he was falsely implicated, that no incriminating material was found on his person, and that the recovery was from a joint family house. The prosecution opposed bail, citing the seriousness of the offences under the Bihar Prohibition and Excise Act and the Arms Act, as well as the petitioner’s prior criminal antecedent. The court noted the length of custody, the lack of direct evidence against the petitioner, and the non‑compliance with Section 103 of the BNSS, 2023. Accordingly, the court granted bail subject to a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and a condition of appearing at every trial date.

Issues considered

  • Whether bail should be granted to the accused in a case involving offences under the Bihar Prohibition and Excise Act and the Arms Act despite the seriousness of the charges and prior antecedent.
  • Whether the lack of incriminating material on the petitioner and non‑compliance with Section 103 of the BNSS, 2023, warrant bail.

Legislation cited

Subjects

  • bail
  • excise
  • arms possession
  • Bihar Prohibition and Excise Act
  • Arms Act
  • Section 103 BNSS
  • criminal procedure
  • joint family house
  • prior criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85838 of 2025
                       Arising Out of PS. Case No.-468 Year-2025 Thana- PALIGANJ District- Patna
                 ======================================================
                 Deepak Kumar S/o Vishwanath Verma Resident of - Siyarampur, Ward No.
                 14, P.S - Paliganj, District - Patna

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

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

3   31-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with Special

                   Excise Case No. 2024 of 2025, arising out of Paliganj PS Case

                   No. 468 of 2025 instituted for the offences under Section/s 30(a)

                   30(a) of the Bihar Prohibition and Excise Act and Sections 25(1-

                   B)a & 26 of the Arms Act.

                           3.       The prosecution case, in short, is that 6.750 liters

                   liquor, one country made pistol, one magazine with five live

                   cartridge from the house of the petitioner.

                           4.       Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.85838 of 2025(3) dt.31-01-2026
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          the conscious possession of the petitioner. The petitioner has got

          no concern with the alleged recovery of liquor and arms. It is

          submitted that recovery is made from the joint house of the

          petitioner, where other family members also reside. The

          petitioner is in custody since 23.09.2025 and has got one

          criminal antecedent/s. There is no compliance of Section 103 of

          the BNSS, 2023.

                  5.      Learned A.P.P. 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 and the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                  7.      Let the petitioner be released on bail, after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs.15,000/- (Fifteen thousand) with two sureties of the like

          amount each to the satisfaction of Court below/concerned Court

          in connection with Special Excise Case No. 2024 of 2025,

          arising out of Paliganj PS Case No. 468 of 2025, subject to the

          following conditions:

                  (I) One of the bailors shall be own/close member of the

          family of the petitioner.

                  (II) The petitioner shall appear on each and every date
           Patna High Court CR. MISC. No.85838 of 2025(3) dt.31-01-2026
                                                       3/3




                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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