Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43885 of 2026 Arising Out of PS. Case No.-106 Year-2026 Thana- CHAPRA RAIL P.S. District- Saran ====================================================== Deepak Kumar Son of Late Ganesh Mahto Resident of Village- Phulwariya @ Phulwaria, ward no. 1, P.S.- Phulwariya, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yugal Kishore For the Opposite Party/s :

Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The present application has been filed seeking regular bail in connection with Chapra Rail P.S. Case No. 106 of 2026, registered for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 68.4 liters of illicit liquor have been recovered from the possession of the petitioner. The petitioner is in custody since 11.05.2026 and has one criminal antecedent.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence; rather, he has been falsely implicated in the present case. It is further submitted that the petitioner undertakes to donate a sum of Rs.

Patna High Court CR. MISC. No.43885 of 2026(2) dt.08-07-2026 2/3 25,000/- (Rupees Twenty-Five Thousand only) to a charitable organization, without prejudice to his defence and without admitting guilt.

5. Learned APP for the State has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case, the period of custody, and the submissions advanced on behalf of the parties, the application for bail is allowed.

7. Accordingly, the petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned where the case is pending/successor court in connection with Chapra Rail P.S. Case No. 106 of 2026, subject to the following conditions: (I). The petitioner shall deposit a sum of Rs. 25,000/- (Rupees Twenty-Five Thousand only) with Ramakrishna Mission Ashrama, Ramakrishna Avenue, Nala Road, Patna, Bihar and shall produce a valid receipt thereof before the court below. The bail bonds shall be accepted only after verification of the genuineness of the said receipt.

(ii). The petitioner shall mark his attendance at Phulwariya Police Station on every 1st and 3rd Sunday of each month. In the event of default, the bail bonds shall be liable to be cancelled.

(iii). Before accepting the bail bonds of the petitioner, the court below shall verify the petitioner's

Patna High Court CR. MISC. No.43885 of 2026(2) dt.08-07-2026 3/3 criminal antecedents. If it is found that the petitioner has any criminal antecedents other than Phulwariya P.S. Case No. 209 of 2025, the bail bonds shall not be accepted. However, if the petitioner is found to have only one criminal antecedent, namely Phulwariya P.S. Case No. 209 of 2025, the bail bonds shall be accepted by the court below.

(iv). It is made clear that the acceptance of the bail bonds shall not be delayed on the ground of, or in the name of, such verification. During the process of verification, the petitioner shall be released on interim bail and upon completion of the verification, the court below shall pass an appropriate order in accordance with law.

8. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.

(Sandeep Kumar, J) Shishir/- U T