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IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3539 of 2026

Arising Out of PS. Case No.-170 Year-2021 Thana- SINGHWARA District- Darbhanga

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Deepak Kumar Son of Munna Lal Resident of House No. 55, Nandani

Enclave, P.S. - Nandgram, District - Ghaziabad (U.P.).

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr. Saurav Anand, Advocate

For the Opposite Party/s : Ms. Pronoti Singh, APP

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

ORAL ORDER

2 29-01-2026 Heard learned counsel for the petitioner and learned

APP for the State.

2. Petitioner apprehends his arrest in a case registered

for the offences punishable under Sections 30(a), 41(i) and

41(ii) of Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that

petitioner is a person with clean antecedent and allegation is of

recovery of 1827 litres of liquor from a truck. It is next

submitted 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 truck and he came to be implicated

based on the disclosure made by the owner of the truck that he

had entered into an agreement for transportation of puffed rice

with the petitioner but then it is submitted that no prudent

Patna High Court CR. MISC. No.3539 of 2026(2) dt.29-01-2026

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businessman would commit an occurrence which shall bring

disrepute to his own business. It is also submitted that petitioner

was completely unaware that driver of the vehicle would misuse

the vehicle in the manner as alleged, who was also arrested from

the spot along with Rohit Kumar. It is also submitted that owner

of the truck has been granted the privilege of anticipatory bail

by an order dated 22.12.2025, passed in Cr. Misc. No.88445 of

2025 by a learned Coordinate Bench.

4. Learned A.P.P. opposes the anticipatory bail

application.

5. Considering the submissions made by the learned

counsel for the petitioner, the petitioner, above-named, in the

event of his arrest or surrender before the learned Court below

within a period of six weeks, is directed to be released on

provisional anticipatory bail on his furnishing bail-bond in the

sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

like amount each to the satisfaction of learned Exclusive Special

Judge-II (Excise Act), Darbhanga in connection with Singhwara

P.S. Case No.170 of 2021, subject to the conditions laid down

under Section 482(2) of the B.N.S.S.

6. The application stands allowed.

7. It is made clear that the learned trial Court after

Patna High Court CR. MISC. No.3539 of 2026(2) dt.29-01-2026

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accepting the provisional bail bond of the petitioner shall verify

the criminal antecedent of the petitioner and in the event, if it is

found that petitioner has antecedent of even one case, then it

would be presumed that petitioner for the purposes of obtaining

anticipatory bail had concealed his antecedent before this Court,

in that event, the present provisional anticipatory bail order shall

not be confirmed, but if on verification, it is found that

petitioner is a person with clean antecedent, in that event, the

provisional anticipatory bail order shall be confirmed forthwith.

8. At this stage, learned counsel for the petitioner,

based on instruction, submits that petitioner undertakes to

deposit an amount of Rs.2500/- with Advocates’ Association,

Patna High Court within a period of two weeks from today.

(Satyavrat Verma, J)

Sanjay/-

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