Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25029 of 2025 Arising Out of PS. Case No.-49 Year-2025 Thana- GOPALPUR District- Gopalganj ====================================================== Deepak Kumar Son of Late Vijay Chauhan Resident of village - Hafua Balram, P.S.- Tareya Sujan, District - Kushinagar, Uttar Pradesh ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Indrajeet Bhushan, Advocate For the Opposite Party/s :
Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-04-2025 Heard Mr. Indrajeet Bhushan, learned counsel for the petitioner and Mrs. Renu Kumari, learned APP for the State.
2. The petitioner seeks bail in connection with Gopalpur P.S. Case No. 49 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 9 litres of liquor was recovered from motorcycle and the petitioner was arrested on the spot.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Petitioner has no concern with the
Patna High Court CR. MISC. No.25029 of 2025(2) dt.23-04-2025 2/2 alleged recovery of liquor. Learned counsel further submitted that petitioner was passing through Semara Chowk over his motorcycle but he was apprehended by the police and falsely implicated in the present case. The petitioner is in custody since 01.03.2025 and has one criminal antecedent. 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 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 Gopalpur P.S. Case No. 49 of 2025.
(Rudra Prakash Mishra, J) Alok Verma/- U T