Deepak Kumar @ Deepak Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30598 of 2026 Arising Out of PS. Case No.-101 Year-2026 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.
Deepak Kumar @ Deepak Yadav S/O Lal Babu Yadav Resident Of VillageBhelai Milki, P.s.- Udwantnagar, District- Bhojpur 2.
Sanjeev Kumar @ Nirahu @ Sanjeev Raj S/O Sanjay Choudhary Resident Of Village- Bhelai Milki, P.s.- Udwantnagar, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Malti Kumari, Adv.
For the Opposite Party/s :
Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-05-2026 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Udwant Nagar P.S. Case No. 101 of 2026 for the offence under sections 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution story, the informant alleged that on secret information, the Police raided the place of the accused and from a bag, there is recovery/seizure of 6.3 liter foreign liquor. This led to the FIR.
4. Learned counsel for the petitioners submit that admittedly, the recovery is from an open place and an undertaking is given that if granted relief, they shall not indulge in any such
2/4 activity.
5. Further, learned counsel for the petitioners relied on the judgment of the Full Bench of Hon'ble Patna High Court in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019 (2) PLJR 1089 wherein it has been held that an application for anticipatory bail in a case arising out of Bihar Excise and Prohibition Act can be maintained, despite the bar under Section 76(2) of the Act, if on the basis of allegation made in the FIR, no offence under the said provision is made out.
6. Learned APP opposes the prayer submitting that the petitioner no. 2 has no criminal antecedent while petitioner no. 1 has one criminal antecedent.
7. Taking into account the submissions of the parties and the judgment in the case of Ram Vinay Yadav (supra), as also that the recovery/seizure is from an open place, in that background, this Court is inclined to extend them the privilege of anticipatory bail with conditions.
8. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the
3/4 satisfaction of learned Exclusive Special Excise, Court No. 2, Bhojpur, Ara in connection with Udwant Nagar P.S. Case No. 101 of 2026 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner(s) shall be appearing before the Police Station as and when required for co-operating in the investigation;
(iii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself; (iv) the petitioners shall appear before the concerned police station every fortnight for six months to mark his attendance and after the end of the period, the certificate shall be submitted before the Trial Court failing which steps shall be taken for the cancellation of the bail bonds; (v) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
4/4 (vi) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) Vijay Singh/- U T