Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20666 of 2026 Arising Out of PS. Case No.-295 Year-2025 Thana- BARUN District- Aurangabad ====================================================== Deepak Kumar Son of Indrajit Singh Resident of P.O.- Jhumar Dihara, Sahaspur, Aurangabad, P.S.- Barun, District - Aurangabad, Bihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanchay Srivastava, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-04-2026

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Learned counsel for the petitioner submits that petitioner has antecedent of nine cases and allegation is of recovery of 1560 litres of spirit along with 36 litres of liquor from a motorcycle.

4. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and is not the owner of the seized vehicle.

5. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner and submits that

Patna High Court CR. MISC. No.20666 of 2026(2) dt.18-04-2026 2/3 petitioner had earlier moved before this Court seeking anticipatory bail by filing Cr. Misc. No. 49814 of 2025 and the same was allowed by an order dated 12.08.2025 with a condition that after granting provisional anticipatory bail to the petitioner, his criminal antecedent shall be verified. It is further submitted that on verification, it transpired that petitioner had antecedent of nine cases, when in Cr. Misc. No.49814 of 2025, the petitioner, at para 3, had disclosed that he had antecedent of one case only thereafter petitioner filed a modification application being Cr. Misc. No. 72234 of 2025 which came to be dismissed as withdrawn by an order dated 10.10.2025. It is, thus, submitted that petitioner initially when he had approached this Court seeking anticipatory bail, he had not approached the Court with clean hands. It is next submitted that if the privilege of regular bail is granted to the petitioner, the petitioner may abscond.

6. Considering the submissions made by the learned A.P.P. for the State, the Court is not inclined to release the petitioner on bail who is in custody since 24.01.2026 in connection with Barun P.S. Case No. 295 of 2025 pending in the Court of learned District & Additional Sessions Judge-cumExclusive Special Judge, Excise Court No. 1,

Patna High Court CR. MISC. No.20666 of 2026(2) dt.18-04-2026 3/3 Aurangabad/Successor Court.

7. Hence, the prayer for bail is rejected.

8. However, the petitioner would be at liberty to renew his prayer for bail after framing of charge. (Satyavrat Verma, J) Kundan/- U T