Patna High Court
Deepak Kumar @ Ankush KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The Court allowed the petition for anticipatory bail, finding insufficient material to justify its denial.
Summary
Deepak Kumar was named in FIR No.191 of 2025 for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, based solely on the statement of co‑accused Chandan Kumar. The petitioner argued that he was not present at the scene, no illicit liquor was recovered from his possession, and the co‑accused’s disclosure has no evidentiary value. The State opposed the petition for anticipatory bail, contending that a named accused cannot escape the allegations. The Court examined the material on record, noted the absence of direct evidence linking the petitioner to the offence, and held that anticipatory bail could be granted. Accordingly, the Court ordered the petitioner’s release on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted when the only incriminating material is the testimony of a co‑accused.
- Whether the disclosure of a co‑accused under Section 30(a) of the Bihar Prohibition and Excise Act suffices to justify denial of anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- co‑accused testimony
- section 30(a)
- section 482(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9453 of 2026
Arising Out of PS. Case No.-191 Year-2025 Thana- BADHAILA District- Rohtas
======================================================
Deepak Kumar @ Ankush Kumar S/O Sajjan Singh R/O Village- Bhatauli,
P.S- Baghaila, Distt.- Rohtas at Sasaram
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chhote Lal Mishra, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Baghaila P.S. Case No. 191 of 2025 registered
for the offences punishable under Section 30(a) of the Bihar
Prohibition and Excise Act, 2018/2022.
3. As per prosecution case, 25 litre country made
illicit liquor was recovered from plastic sack and apprehended
co-accused Chandan Kumar disclosed the name of the
petitioner, who fled away from the place of occurrence.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged
in the FIR and he has falsely been implicated in this case.
Patna High Court CR. MISC. No.9453 of 2026(2) dt.19-02-2026
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Petitioner bears one criminal antecedent in which he is on bail.
He further submits that petitioner was not found at the place of
occurrence and nothing has been recovered from the conscious
possession of the petitioner. It is submitted that the name of the
petitioner has transpired only on the basis of disclosure made by
the apprehended co-accused Chandan Kumar, and the disclosure
of the co-accused has no evidentiary value. He further submits
that except disclosure of apprehended co-accused, there is
nothing on record to connect the present petitioner with the
alleged occurrence. Search and seizure has not been made as per
law. In the light of the aforesaid facts and circumstances of the
case, no case is made out against the petitioner under the
provisions of Bihar Prohibition and Excise Act.
5. The learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner by submitting that the
petitioner is F.I.R. named accused hence, he cannot escape from
the allegation made in the F.I.R.
6. Considering the facts and circumstances of the
case, petitioner was not found at the place of occurrence,
argument advanced on behalf of both sides and also taking into
consideration the material available on record, the petitioner
above-named, in the event of his arrest or surrender before the
Patna High Court CR. MISC. No.9453 of 2026(2) dt.19-02-2026
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learned trial court within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bond of Rs.
10,000/- (rupees ten thousand) with two sureties of the like
amount each to the satisfaction of learned Special Judge Excise-
1, Rohtas at Sasaram in connection with Baghaila P.S. Case No.
191 of 2025, subject to the conditions as laid down under
Section 482(2) of BNSS.
7. The application stands allowed.
(Alok Kumar Pandey, J)
Nilmani/-
U T
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