Deepak Verma vs. The State Of Bihar Through The Home Secretary, Old Secretariat, Patna, Bihar - Patna High Court, 21 April 2026

Cause title — parties, addresses and appearances

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55965 of 2023 Arising Out of PS. Case No.-180 Year-2022 Thana- AMAS District- Gaya ====================================================== DEEPAK VERMA Son of Late Giriraj Singh Verma R/o mohalla - S - 2201, 2202 Ajnara Gold Tower, Crossing Republic, P.S. - Vijaynagar, Distt. - Ghaziabad, Uttar Pradesh ... ... Petitioner/s Versus The State of Bihar through the Home Secretary, Old Secretariat, Patna, Bihar bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Anshul Aaryan, Advocate : Ms. Manogya Singh, Advocate For the Opposite Party/s : Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANSUL

ORAL JUDGMENT Date : 21-04-2026

Heard learned counsel for the petitioner as well as learned APP for the State.

The instant quashing application has been filed for quashing the order dated 05.12.2022 passed by the learned Exclusive Special Excise Judge, Court No. 2, Gaya in Excise GR No. 354 of 2022 by which charge have been framed against the petitioner under Sections 272/34, 273/34, 304/34 and 328/34 of the Indian Penal Code and also under Sections 34(b)(i) and 37(a) of the Bihar Prohibition & Excise Amendment Act. Petitioner further seeks quashing of the entire criminal prosecution against him emanating from FIR No. 180 of 2022 registered under Sections 2/3 272, 273, 328, 304 of the Indian Penal Code and Sections 34(b)(i) and 37(a) of the Bihar Prohibition and Excise Amendment Act, 2018. 3. The prosecution case is that some people died and some got badly indisposed after consuming adultered and illicit liquor.

After investigation, the police submitted charge-sheet No. 150 of 2022 on 22.07.2022 against the petitioner. Pursuant to the submission of charge-sheet learned Exclusive Special Excise Court No. 2, Gaya took cognizance on 29.07.2022. Thereafter, on 05.12.2022 the learned Exclusive Special Excise Court No. 2, Gaya has been pleased to frame charges against all the accused persons including the petitioner under Sections 272/34, 273/34, 304/34 and 328/34 of the Indian Penal Code and also under Section 34(b)(i) and 37(a) of the Bihar Prohibition & Excise Amendment Act, 2018. 5. Learned counsel for the petitioner submits that the name of the petitioner transpired during investigation on the basis of statement given by co-accused Rohit Kumar Singh where he stated that the petitioner supplied him with ethyl based sanitizer. The petitioner runs his business under the name of Work 18, MSME with the Government of India and he has GST Registration also. The petitioner claims 3/3 that he was approached using Indiamart for procuring alcohol based hand sanitizer for Rohit Enterprises and he supplied the same. He was having no knowledge absolutely that this alcohol will end up in preparation of illicit liquor.

Learned APP for the State has vehemently opposed the prayer for quashing the order dated 05.12.2022. 7. Considering that the petitioner was contacted through on online market place and he has supplied the material to an agency dealing with such material no fault could be attributed to the petitioner even if that fell into wrong hand and misused, the instant quashing application stands allowed.

Accordingly, the order dated 05.12.2022 passed by the learned Exclusive Special Excise Judge, Court No. 2, Gaya in Excise GR No. 354 of 2022 and entire criminal prosecution against him emanating from FIR No. 180 of 2022 is hereby quashed, so far as the petitioner is concerned. amitkr/- (Ansul, J) AFR/NAFR NAFR CAV DATE N/A Uploading Date 24.04.2026 Transmission Date 24.04.2026