Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18915 of 2025 Arising Out of PS. Case No.-66 Year-2025 Thana- DEHRI TOWN District- Rohtas ====================================================== 1.
Deepak Kumar S/O Late Hari Ram Resident of Mohalla- Ambedkar Nagar Barah, Pathar Ward No. 35, Dehri, P.S.- Dehri (T), Dist- Rohtas. 2.
Shankar Ram S/O Late Sheopujan Ram Resident of Mohalla- Ambedkar Nagar Barah, Pathar Ward No. 35, Dehri, P.S.- Dehri (T), Dist- Rohtas. ... ... petitioners/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the petitioners/s :
Mr. Shashi Kant, Advocate For the Opposite Party/s :
Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-03-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Dehri (T) P.S. Case No. 66 of 2025 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 81.32 litres of liquor has been recovered from the house of the petitioners.
4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. No incriminating article has been recovered from the conscious
Patna High Court CR. MISC. No.18915 of 2025(2) dt.28-03-2025 2/3 possession of the petitioners rather the recovery has been made from the joint house of the petitioners where other family members of the petitioners also reside. The petitioners have got no concern with the alleged recovery of liquor. The petitioners are in custody since 16.02.2025 and have one criminal antecedent each. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dehri (T) P.S. Case No. 66 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the
Patna High Court CR. MISC. No.18915 of 2025(2) dt.28-03-2025 3/3 bail bonds of the petitioner.
(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Rudra Prakash Mishra, J) Alok Verma/- U T