Deepak Kumar Bhagat @ Dipak Kumar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7666 of 2025 Arising Out of PS. Case No.-120 Year-2024 Thana- SUIYA District- Banka ====================================================== Deepak Kumar Bhagat @ Dipak Kumar Bhagat Son of Rajendra Prasad Bhagat Resident of Singhwahani Mandir Gali, Sarauni, P.S. - Godda (Muffasil), District - Godda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha, Advocate.

For the Opposite Party/s :

Mr.Umeshanand Pandit, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 06-03-2025 Heard Mr. Subhash Kumar Jha, learned counsel appearing on behalf of the petitioner and Mr. Umeshanand Pandit, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Suiya P.S. Case No. 120 of 2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

3. Allegation is of recovery of 8.25 litres of foreign liquor from a car bearing registration no. JH17AD0923 belonging to the petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the case due to local village politics. Petitioner was not

Patna High Court CR. MISC. No.7666 of 2025(2) dt.06-03-2025 2/3 present at the time of alleged recovery. He has no concern either with the seized liquor or trade of liquor in any manner. The petitioner has clean antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner and submits that due to sale and consumption of illicit liquor, day after day, hooch tragedy occurs and the State Officials of different department appears to have facilitated smuggling and trade of illicit liquor inside the State of Bihar. As such, involvement of the petitioner cannot be ruled out from illicit trade of liquor.

6. Considering the nature of allegation made against the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Exclusive Excise Court-2, Banka in connection with Suiya P.S. Case No. 120 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner

Patna High Court CR. MISC. No.7666 of 2025(2) dt.06-03-2025 3/3 is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T