Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10001 of 2025 Arising Out of PS. Case No.-237 Year-2024 Thana- KURSAILA District- Katihar ====================================================== 1.

Deepak Kumar S/o Ashok Kumar Modii @ Ashok Modi R/o Sadwa, PSGopalpur, Rangra OP, Distt- Bhagalpur 2.

Brahmdeo Mandal S/o Late Kailash Mandal R/o Sadwa, PS- Gopalpur, Rangra OP, Distt- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-02-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Kursaila P.S. Case No. 237 of 2024 dated 12.12.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Amendment Act.

3. As per the prosecution case, total 132.480 litres of illicit foreign liquor was recovered from the Wagon R Maruti Car.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The petitioner no.2 is the owner of the said vehicle and petitioner no.1 is the co-passenger of the said

Patna High Court CR. MISC. No.10001 of 2025(2) dt.18-02-2025 2/2 vehicle. The names of the petitioners have transpired in this case merely on suspicion. The petitioners have no concern with the alleged recovery. The petitioner no. 1 has one criminal antecedent and petitioner no.2 has no criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 13.12.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Katihar in connection with Kursaila P.S. Case No. 237 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Shivam/- U T