Patna High Court
CR. MISC./59159/2026 of Deepak Kumar Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59159 of 2026 Arising Out of PS. Case No.-264 Year-2026 Thana- Excise P.S. District- Buxar ====================================================== Deepak Kumar S/O Chandan Ram Resident of Village - Dhanarua, P.S.- Dhanarua, District- Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59159 of 2026
Arising Out of PS. Case No.-264 Year-2026 Thana- Excise P.S. District- Buxar ======================================================
Deepak Kumar S/O Chandan Ram Resident of Village - Dhanarua, P.S.- Dhanarua, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Birendra Kumar, Advocate
For the Opposite Party/s :
Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR
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ORAL ORDER
19-08-2026 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing for the State.
2. Petitioner is in custody in connection with Buxar Excise P.S. Case No. 264 of 2026 registered for the offence punishable under Sections 30(a), 32(2) and 41 of the Bihar Prohibition and Excise Amendment Act, 2018.
3. As per the allegation in the FIR, total 123.570 litres foreign liquors of different brands was recovered from the dickey of the white coloured Ertiga car bearing Registration No. UP63AC5411.
4. Learned counsel for the petitioner submits that the petitioner is innocent, committed no offence and has falsely been implicated in this case. He next submits that nothing has been recovered from the conscious possession of the petitioner.
Patna High Court CR. MISC. No.59159 of 2026(2) dt.19-08-2026
He further submits that the petitioner has been dragged in this case because he is the driver of the said vehicle, though he is not the owner of the said vehicle. He further submits that, in fact, the alleged recovery has been made from the said vehicle but the petitioner has no concern with the recovered liquor in any manner. He further submits that there is no independent eye witness of the said incidence. He next submits that the petitioner is in custody since 24.07.2026 and he has got one criminal antecedents in which he is on bail, as per paragraph 3 of the bail petition.
5. Learned APP appearing on behalf of the State vehemently opposes the prayer for bail of the petitioner and submits that the petitioner has one criminal antecedent other than the present one and it is similar in nature to the present one.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner be released on bail, on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court of learned Exclusive Excise Special Court No. II, Buxar in connection with Buxar Excise P.S. Case No. 264 of 2026, subject to the following conditions:
(i) Petitioner shall co-operate in the trial and shall Patna High Court CR. MISC. No.59159 of 2026(2) dt.19-08-2026
be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(ii) If the petitioner tamper with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(iii) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
dhaneshwar/- (Girijish Kumar, J) U T