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Patna High CourtCR. MISC./32255/2026allowed

Deepak Kumar v. The State Of Bihar

2026-05-13Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32255 of 2026 Arising Out of PS. Case No.-23 Year-2026 Thana- KUDHNI District- Muzaffarpur ====================================================== Deepak Kumar S/o Rambriksh Sah R/o - Ward no. 2, Barakapur @ Badakapur @ Barkurva, P.S. - Kudhni, Dist. - Muzaffarpur, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-05-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Kudhani P.S. Case No. 23 of 2026, instituted under Section 30(a) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, there is recovery of 86.400 litres of foreign liquor from two motorcycles bearing Registration Nos. BR06DV 5728 and BR06BY 4275. The riders of the motorcycles tried to flee away but one of them was apprehended on the spot who disclosed his name as Ratan Kumar.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case being owner of the motorcycle bearing Registration No.

Patna High Court CR. MISC. No.32255 of 2026(2) dt.13-05-2026 2/2 BR06BY 4275. Petitioner was not present on the spot. Coaccused Ratan Kumar had taken his motorcycle who misused the same without the knowledge and consent of the petitioner. Petitioner has no criminal antecedent. Petitioner undertakes to co-operate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, submission of learned counsel for the parties and clean antecedent of the petitioner, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court-II, Muzaffarpur, Bihar in connection with Kudhani P.S. Case No. 23 of 2026, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

(Sunil Dutta Mishra, J) rakhi/- U T