Deepak Bhandari @ Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42271 of 2025 Arising Out of PS. Case No.-101 Year-2025 Thana- RAHIKA District- Madhubani ====================================================== Deepak Bhandari @ Deepak Kumar S/o- Binod Bhandari R/o VillageSatghara, P.S. Rahika District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Soban Asghar For the Opposite Party/s :
Mr. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 17-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in a case instituted for the offence punishable under Sections 274, 275, 3(5) of BNS and Sections 30(a), 30(c), 30(d), 30(f), 33, 41(1) of Bihar Prohibition & Excise Act.
3. Prosecution case relates to recovery of 12 litres Indian Made Foreign Liquor and other incriminating articles used for making illicit liquor under a canal. Three persons were apprehended on the spot who disclosed the
Patna High Court CR. MISC. No.42271 of 2025(2) dt.17-07-2025 2/3 name of petitioner as one of their associates.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the place of occurrence. The name of petitioner sprang up in this case on the confessional statement of apprehended co-accused Ramesh Yadav as one of his associates. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Proper procedure of search and seizure has not been followed in this case. Moreover, similarly situated coaccused Raja Roy @ Raj Kumar Ray has already been granted bail vide order dated 09.07.2025, passed in Cr. Misc. No. 39807 of 2025 by co-ordinate Bench of this Court.
5. Learned A.P.P. for the State has vehemently opposed the prayer of bail.
6. Having heard learned counsel for the parties
Patna High Court CR. MISC. No.42271 of 2025(2) dt.17-07-2025 3/3 and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Rahika P.S. Case no. 101 of 2025, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned District & Additional Session Judge II-cum-Special Judge, Excise Act, Madhubani, subject to the conditions as laid down under section 482 of BNSS.
(S. B. Pd. Singh, J) Nirajkrs/- U T