Patna High Court

Deepak Kumar @ Deepak GajeriversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to bail bond, sureties and compliance with Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita.

Summary

The petitioner, Deepak Kumar, was implicated in a case (PS‑306/2025) for alleged possession of 1,350 litres of liquor recovered from six motorcycles, violating Sections 274, 275, 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. He claimed he was merely the registered owner of one motorcycle and had no knowledge of the liquor, arguing that no prima facie case existed and that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita. The State opposed his request for anticipatory bail. The Court, after considering the facts, granted anticipatory bail on the condition that the petitioner surrenders within six weeks, furnishes a bail bond of Rs. 15,000 and two sureties of equal amount, and complies with the conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nagarika Suraksha Sanhita.
Whether the prosecution has complied with the procedural requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita.
Whether the petitioner can be held liable for the alleged liquor possession given his claim of lack of knowledge.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)
Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 317(5)

Subjects

anticipatory bail
Bharatiya Nyaya Sanhita
Bharatiya Nagarika Suraksha Sanhita
excise law
liquor seizure
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91438 of 2025
                    Arising Out of PS. Case No.-306 Year-2025 Thana- JAYNAGAR District- Madhubani
                 ======================================================
                 Deepak Kumar @ Deepak Gajeri S/o Sanjay Paswan Resident of village-
                 Bagewatol Quadh, PS- Jaynagar, Distt- Madhubani

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

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

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner apprehends his arrest in connection

                   with Jaynagar P.S. Case No. 306 of 2025 instituted for the

                   offences punishable under Sections 274, 275, 317(5) of the

                   Bharatiya Nyaya Sanhita, 2023 and 30(a) of the Bihar

                   Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 1350

                   litres of liquor was recovered from six motorcycles.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. It is

                   further submitted that the name of the petitioner has transpired

                   as being the owner of one of the motorcycles in question and
           Patna High Court CR. MISC. No.91438 of 2025(2) dt.19-01-2026
                                                       2/2




                     has no knowledge regarding the goods loaded in the vehicle.

                     Petitioner has got no concern with the alleged recovery of

                     liquor. Learned counsel, therefore, submitted that prima-facie,

                     no case is made out against the petitioner. The petitioner has no

                     criminal antecedent. There is no compliance of Section 103 of

                     the Bharatiya Nagarika Suraksha Sanhita, 2023.

                                5. Learned APP 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, let the petitioner, above named, in the event of

                     arrest/surrender before the lower court within a period of six

                     weeks from today, be released on 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 Court

                     below/concerned Court in connection with Jaynagar P.S. Case

                     No. 306 of 2025, subject to the conditions as laid down under

                     Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,

                     2023.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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