Patna High Court
Deepak Kumar @ Deepak Rai @ Deepak Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to a bail bond, sureties, and verification of the petitioner’s criminal antecedents.
Summary
The petitioner, Deepak Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging recovery of 17.115 litres of liquor from a location not belonging to him and based solely on a confessional statement of another person, Sonu Kumar Giri. The petitioner argued that no liquor was found in his possession and that the police investigation was mechanically based on hearsay without proper inquiry. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. If more than three prior cases are found, the bail would not be confirmed; if exactly three, it would be confirmed forthwith. The order was made under Section 482(2) of the relevant procedural statute.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether the evidence (confessional statement of a third person and recovery of liquor from a place not owned by the petitioner) suffices to justify denial of bail.
- Whether the trial court should verify the petitioner’s criminal antecedents before confirming the bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- liquor seizure
- Section 30
- criminal antecedents
- provisional bail
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90318 of 2025
Arising Out of PS. Case No.-147 Year-2022 Thana- BANIAPUR District- Saran
======================================================
Deepak Kumar @ Deepak Rai @ Deepak Kumar Yadav S/O Shtrudhan Ray
R/O Village- Hansrajpur Khurd, P.S- Baniapur, Dist.- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey
For the Opposite Party/s : Mr. Ajay Kumar No. 2
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-01-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases and allegation is of
recovery of 17.115 litres of liquor from a place in front of the
house of Sonu Kumar Giri. 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
petitioner has no concern or relation with Sonu and he came to
be implicated based on confessional statement of Sonu in police
Patna High Court CR. MISC. No.90318 of 2025(2) dt.08-01-2026
2/3
custody which does not have any evidentiary value. It is next
submitted that once an accused is implicated in a case relating to
excise, the police starts implicating mechanically either through
chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
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 from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.15,000/- (Rupees fifteen 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
Baniyapur P.S. Case No.147/2022, subject to the conditions as
laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
three cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
Patna High Court CR. MISC. No.90318 of 2025(2) dt.08-01-2026
3/3
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of three
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…