Deepak Kumar @ Deepak Saini Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Deepak Kumar @ Deepak Saini Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Provisional anticipatory bail granted: petitioner to be released on arrest or surrender within six weeks on bail bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Trial Court, subject to conditions under Section 482 (2) of the BNSS, in connection with Dhanaha P.S. Case No. 56 of 2023; confirmation contingent on verification of clean criminal antecedents.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Dhanaha P.S. Case No. 56 of 2023 registered for the offence under Section 30(a) of the Bihar Excise Act, should be granted anticipatory bail.

Court's answer

The petitioner, in the event of his arrest or surrender before the learned Trial Court within six weeks, is to be released on provisional anticipatory bail.

Ratio / Principle

Release on provisional anticipatory bail is on furnishing bail bonds of Rs. 500/- with two sureties of the like amount each to the satisfaction of the learned Trial Court, subject to the conditions under Section 482 (2) of the BNSS, in connection with Dhanaha P.S. Case No. 56 of 2023.

Key takeaways

The learned Trial Court is to verify the criminal antecedents of the petitioner; if even one antecedent case is found, it would be presumed that the petitioner concealed his antecedents before this Court and the provisional anticipatory bail order shall not be confirmed.ratio¶¶22
If verification shows the petitioner to be a person with clean antecedents, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶¶24

Detailed headnote1 paragraphs

Anticipatory bail — Section 30(a), Bihar Excise Act — alleged recovery of 115.56 liters of liquor from an Auto; petitioner claimed clean antecedents, that he was not apprehended from the spot, was not the owner of the seized Auto, and was implicated only on the confessional statement of Anmol in police custody; counsel argued the 2018 amendment to the excise act did away with deemed possession and presumed offender. Held: provisional anticipatory bail granted — petitioner to be released on arrest or surrender before the learned Trial Court within six weeks on bail bonds of Rs. 500/- with two like sureties, subject to Section 482 (2) BNSS conditions; Trial Court to verify criminal antecedents — if even one case is found, concealment is presumed and the provisional order shall not be confirmed; if antecedents are clean, the provisional order shall be confirmed forthwith. (Patna High Court, Satyavrat Verma, J.)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11251 of 2026

Arising Out of PS. Case No.-56 Year-2023 Thana- DHANAHA District- West Champaran

======================================================

Deepak Kumar @ Deepak Saini S/O Bhukhal Saini Village- Jamuan, Pukar Nagar, Police Station- Brwapatti, District- Kushinagar, U.P.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Prerna Anand, Advocate For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 15-04-2026

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

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 115.56 liters of liquor from an Auto.

Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and is not the owner of the seized Auto and came to be implicated based on confessional statement of Anmol in police custody which does not have any evidentiary value. It is also submitted that after

Patna High Court CR. MISC. No.11251 of 2026(2) dt.15-04-2026 2/3

amendment in the excise act in the year 2018, the concept of deemed possession and presumed offender has been done away with.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 Trial Court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor court in connection with Dhanaha P.S. Case No. 56 of 2023 subject to the conditions as laid down under Section 482 (2) of the BNSS.

It is made clear that thereafter the learned Trial Court 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 seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner is a person with clean antecedent in that event the provisional

Patna High Court CR. MISC. No.11251 of 2026(2) dt.15-04-2026 3/3

anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J)

Rishabh/-

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