Deepak Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14608 of 2025 Arising Out of PS. Case No.-726 Year-2023 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Deepak Kumar Yadav S/o Raj Kumar Yadav R/o vill - Bakia Ranichak, Barari, Guru Bazar, P.S.- Barari, Distt.- Katihar Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nishant Kumar Sinha, Advocate For the Opposite Party/s :

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with K. Nagar PS Case No. 726 of 2023 instituted for the offences under Sections 272, 273 of IPC and 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 155.2 litres of liquor was recovered from Car.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that petitioner is neither the owner nor the driver of the seized

Patna High Court CR. MISC. No.14608 of 2025(2) dt.28-02-2025 2/2 vehicle. It is further submitted that the name of the petitioner has transpired on the confessional statement of apprehended coaccused person namely, Mithilesh Kumar (driver). The petitioner is in custody since 29.12.2024 and has got one criminal antecedent in which he is on bail. There is no compliance of Section 103 of B.N.S.S. Other co-accused has been granted regular bail by this Court vide order dated 28.02.2024 passed in Cr. Misc. No. 13568 of 2024. 5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with K. Nagar PS Case No. 726 of 2023.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T