Dipak Kumar @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7573 of 2025 Arising Out of PS. Case No.-13 Year-2025 Thana- BIHTA District- Patna ====================================================== 1.

Mukesh Kumar Son of Ram Janak Rai @ Ramjanam Ray Resident of Village- Gyaspur Mahaji (Wrongly written as Vidhipur in F.I.R.), P.S.- Salimpur, Distt.- Patna 2.

Roushan Kumar @ Raushan Kumar Son of Bhajan Paswan Resident of Village- Gyaspur Mahaji, P.S.- Salimpur, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrit Abhijat For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-02-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Special Excise Case No. 129/2025, arising out of Bihta P.S. Case No. 13/2025 dated 06.01.2025 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 1040.4 litres of illicit foreign liquor was recovered from the two vehicles, out of which 27 litres of illicit foreign liquor was recovered from the Scorpio.

4. Learned counsel for the petitioners has submitted

Patna High Court CR. MISC. No.7573 of 2025(2) dt.14-02-2025 2/2 that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the possession of the petitioners. The petitioner no. 1 is driver of the scorpio and the petitioner no. 2 is co-passenger. The petitioner no. 1 has two criminal antecedents and he is on bail in both the cases whereas the petitioner no. 2 has one criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 07.01.2025

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 above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Danapur, Patna, in connection with Special Excise Case No. 129/2025, arising out of Bihta P.S. Case No. 13/2025.

7. The application stands allowed.

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